Resolution Number CRA 95-1-3-1165
RESOLUTION NO. CRA 95-1-3-1
APPROVING FURST AMENDMENT TO THE LEASE AGREEMENT
FOR THE CAPISTRANO DEPOT LOCATED AT 26701 VERDUGO
STREETAND CONSENTING TO ASSIGNMENT TO LEASE TO
RANCHO CAPISTRANO LIMITED PARTNERSHIP
A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY, 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 ajoint public hearing on
the terms of the First Amendment of 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 Agency 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 San Juan Capistrano
Community Redevelopment Agency Board of Directors, City of San Juan Capistrano, California, do
as follows;
1. The Agency 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 that such oral and written
testimony is duly noted and objections are hereby overruled.
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166
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.
3. The terms and conditions of the First Amendment to the Lease Agreement are
at fair market value and represent to the highest and best use for the premises
in accordance with the Redevelopment Plan.
4. The First Amendment to the Lease Agreement, which established 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.
5. 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
January ,1995.
ATTEST:
!11 MAI
AGENCY *.ETARY
i
6�2z�e>�
DAVID SWERDLIN, CHAIRMAN
-2-
3rd
day of
167
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, Agency 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 95-1-3-1 adopted by the San Juan Capistrano Community
Redevelopment Agency Board of Directors at a regular meeting thereof held on the 3rd day
Of January , 1995, by the following vote:
AYES: Directors Nash, Campbell and Chairman Swerdlin
NOES: Director Hart
ABSTAIN: Director Jones
ABSENT: None
(SEAL)
CHERYL JOHVONGENCYSEC T Y
9911
168
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, declare as follows:
That I am 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 CRA Resolution No. CRA 83-12-20-1 and on the 5th day of January
1995, I caused to be posted:
RESOLUTION NO. CRA 95-1-3-1 , being
:1 l 1-. It 80 Did I DOOMEl".L_ 1L
loll) 1 1 '11
A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY, 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)
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.
CHECK LIST
RES. NO. CRA%S-/ --5 /
/_ Chairman has signed
�7` Secretary has signed
Agency Seal stamped
All blanks typ
"Absent" edin
"Noes" 26 rf
"Abstain" C _
Copies sent to post
file
M8
2 certified
Legal Publication ordered to be published
(da te)
No. Printed copies require—d=7-
Remarks
equired Remarks
(fI
Cheryl Johnso , AgeiI6y Secretary
San Juan Capistrano Community
Redevelopment Agency
San Juan Capistrano, California