Resolution Number 95-1-3-1001
RESOLUTION NO. 95-1-3-1
APPROVING I' AMENDMENT 1 THE LEASE
1' /'DEPOT / 1 1 !t_I 1 STREE
AND CONSENTING TO ASSIGNMENT OF LEASE TO
RANCHO CAPISTRANO LIMITED PARTNERSHIP
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO
THE LEASE OF CERTAIN PROPERTY WITH THE SAN JUAN CAPISTRANO
CENTRAL REDEVELOPMENT PROJECT AREA AND CONSENTING TO
ASSIGNMENT OF LEASE TO RANCHO CAPISTRANO LIMITED
PARTNERSHIP (CAPISTRANO DEPOT)
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 such Redevelopment Plan, the Agency property
will enter into the First Amendment to the Lease Agreement (the "Agreement"), made a part hereof
by reference, with Rancho Capistrano Limited Partnership (the "Lessor") for the lease of the premises
(the "Premises:) in the San Juan Central Project Area, described in the Agreement as encompassing
approximately a 12,000 -square -foot building commonly known as the Capistrano Depot, located at
26701 Verdugo Street, San Juan Capistrano; and,
WHEREAS, pursuant to the California Redevelopment Law (California Health and
Safety Code, Section 33000 et seq). The Agency and the City Council held a joint public hearing on
the terms of the First Amendment to the Lease Agreement, and have duly published a notice of such
public hearing and made copies of the proposed Agreement available for public inspection and
comment; and,
WHEREAS, the City has duly considered all terms and conditions of the proposed
Agreement and believes that the First Amendment to the Lease Agreement 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,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does as follows:
The City has received and heard all oral and written testimony and objections
to the proposed First Amendment to the Lease Agreement and to other
matters pertaining to this transaction, and such oral and written testimony is
duly noted and the objections are hereby overruled.
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2. The Agency hereby finds and determines that the First Amendment to the
Lease Agreement is consistent with the "San Juan Capistrano Community
Redevelopment Agency Implementation Plan and Housing Set-aside Fund
Strategy 1994-1999" adopted pursuant to Section 33490 of the California
Redevelopment Law on November 15, 1994.
The terms and conditions of the First Amendment to the Lease Agreement are
at fair market value and represent the highest and best use for the premises in
accordance with the Redevelopment Plan.
4, The First Amendment to the Lease Agreement, which establishes the terms
and conditions, of the new lease arrangement, is hereby approved, and the
Agency consents to the assignment of the Lease on these terms to Rancho
Capistrano Limited Partnership.
The Chairman of the Agency is hereby authorized to execute the First
Amendment on behalf of the Agency. A copy of the executed First
Amendment to the Lease Agreement, shall be placed on file with the Agency
Secretary.
PASSED, APPROVED, AND ADOPTED this 3rd day of
January 1995,
ATTEST:
�'•�✓. ,W
CAROLYN N H, MAYOR
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Helm
' 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.
95-1-3-1 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 3rd day of January 1995, by the
following vote:
AYES: Council Members Campbell, Swerdlin and Mayor Nash
NOES: Council Member Hart
ABSTAIN: Council Member Jones
ABSENT: None
(SEAL)
CHERYL JOUNSON, CITY CLERK
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