HomeMy WebLinkAbout2001-01-09; Housing & Redevelopment Commission; Resolution 3381
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HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO 338 l -
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMlMISSION
OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN ASSIGNMENT AND ASSUMPTION AGREEMENT BETWEEN THE CITY OF CARLSBAD
REDEVELOPMENT AGENCY AND GRAIN TO GREEN, INC. FOR THE LEASE
OF PUBLIC PARKING SPACES TO SATISFY THE PARKING REQUIREMENT
FOR THE PIZZA PORT RESTAURANT LOCACTED AT 517 CARLSBAD
VILLAGE DRIVE WITHIN THE VILLAGE REDEVELOPMENT AREA.
WHEREAS, on June 13, 1995, the Housing and Redevelopment Commission approved a
, ten year Public Parking Space Lease Agreement between the Carlsbad Redevelopment Agency
and a California Limited Partnership known as the Carlsbad Village Microbrewery and Public
House to allow the new restaurant known as the Carlsbad Village Microbrewery and Public
House located at 5 17 Carlsbad Village Drive to meet its total parking requirement; and
WHEREAS, in January of 1997 the original Carlsbad Village Microbrewery and Public
House partnership and restaurant went into receivership and the original partnership was legally
dissolved; and
WHEREAS, a new corporation known as Grain to Green, Inc. assumed ownership of the
subject restaurant business through court proceedings and two of the three original partners,
Vince and Gina Marsaglia, are now operating the subject restaurant and have changed the name
of the restaurant to Pizza Port; and
WHEREAS, Grain to Green, Inc. has been making the lease payments since January of
1997 according to the original Public Parking Spaces Lease Agreement executed on June 13,
1995 in order to meet the parking requirements for the restaurant business located at 517 Carlsbad
Village Drive; and
WHEREAS, the Public Parking Spaces Lease Agreement executed by Carlsbad
Microbrewery and Public House may be assigned to the successors and assigns of Lessee with
approval of the Housing and Redevelopment Commission; and
WHEREAS, the Commission and Grain to Green, Inc. wish to formally assign the
original parking sublease agreement to Grain to Green, Inc. to allow the continued operation of
the Pizza Port restaurant and recognize the change in the name of the lessee and the restaurant
located at 517 Carlsbad Village Drive.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and
Redevelopment Commission of the City of Carlsbad as follows:
1. The above recitations are true and correct.
2. That the Housing and Redevelopment Commission hereby approves the Assignment
and Assumption Agreement between Carlsbad Redevelopment Agency and Grain to
Green, Inc. for the lease of public parking spaces to satisfy the parking requirement for
the Pizza Port Restaurant located at 517 Carlsbad Village Drive within the Village
Redevelopment Area of the City of Carlsbad.
3. The lease payments received from the subject lease agreement with Grain to Green,
Inc. shall be deposited into the Parking Fund for the Carlsbad Redevelopment Agency
to be used for the maintenance of existing public parking lots, and/or the improvement
or expansion of existing public parking lots, and/or the acquisition of property for,
and/or construction of, new public parking lots within the Village Redevelopment
Area.
4. That the Chairperson of the Housing and Redevelopment Commission is hereby
authorized to execute said Agreement.
PASSED, APPROVED AND ADOPTED at a mecial meeting of the Housing
and Redevelopment Commission of the City of Carlsbad, on the 9th day of January ,
loo1 by the following vote, to wit:
AYES: Commission Members Lewis, Kulchin, Finnila, Nygaard and Hall.
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
RAYqOND R. PATCHETI’, Secretary