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Resolution Number 92-4-7-1RESOLUTION NO. 92-4-7-1 TY A 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 THE LEASE 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 the Lease Agreement (the "Agreement"), 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 Central Redevelopment Project Area, described in the Agreement as approximately 3,900 square feet commonly known as the San Juan Saloon with a mailing address of 26755 Verdugo Street; and, WHEREAS, the Lessee 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 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 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; and, WHEREAS, the proposed lease agreement was determined by the Planning Director to be Categorically Exempt pursuant to California Environmental Quality Act Guidelines (CEQA), Class I Existing Facilities, on December 5, 1991. 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 Premises and to other matters pertaining to this transaction, and that all such oral and written objections are hereby overruled. -1- am 2. The City Council 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 Council 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 Redevelopment Plan for the San Juan Capistrano Central Redevelopment Project. 3. The Categorical Exemption issued on December 5, 1991, adequately considered all environmental impacts potentially caused by the proposed lease of Premises as there are no substantial changes in the proposed lease which would alter the determination that the project is exempt under CEQA Guidelines, Class l: Existing Facilities. 4. The lease of the Premises 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 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 of Anril , 1992. ATTEST: JONES,—MAYOR -2- 7th day i SIL 127 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) t, 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. 92-4-7-1 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 7th day of April , 1992, by the following vote: AYES: Councilmen Friess, Hausdorfer, Harris. Vasquez and Mayor Jones NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JOH SON ITY LERK -3-