Resolution Number 89-11-7-2392
RESOLUTION NO. 89-11-7-2
APPROVING LEASE OF DEPOT PROPERTY TO TRACKSIDE DINING, INC.
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 TRACKSIDE
DINING, INC.; 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"), made a part
hereof by reference, with Trackside Dining, Inc., (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 12,000 square feet commonly known
as the Depot Restaurant and Amtrak Station with a mailing address of 26701 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 City's
Environmental Review Board to be Categorically Exempt pursuant to California
Environmental Quality Act Guidelines (CEQA), Class I Existing Facilities, on October 17,
1989.
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.
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
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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.
The Categorical Exemption approved on October 17, 1989, 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 1: 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 November , 1989.
ATTEST:
CITY CLERI
7th
GARY L. AUSDORFER,M OR
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day
394
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, 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. 89-11-7-2 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 7th day
of November , 1989, by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim, Bland
and Mayor Hausdorfer
NOES: None
ABSENT: None
(SEAL)
MARY ANNPrANOVER, CITY CLERK
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