HomeMy WebLinkAbout2011-11-08; Housing & Redevelopment Commission; Resolution 516I RESOLUTION NO. 516
2 A RESOLUTION OF THE HOUSING AND
REDEVELOPMENT COMMISSION OF THE CITY OF
3 CARLSBAD, CALIFORNIA, AUTHORIZING A THREE-
4 YEAR LEASE AGREEMENT BETWEEN THE CARLSBAD
REDEVELOPMENT AGENCY AND ROSA HERNANDEZ,
5 D.B.A. THE VILLAGE GRILLE FOR 2833 STATE STREET
FOR THE TERM AUGUST 1, 2011 THROUGH JULY 31,
6 2014, AND AUTHORIZING THE EXECUTIVE DIRECTOR
TO EXECUTE ALL ASSOCIATED DOCUMENTS.
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8 WHEREAS, the Carlsbad Redevelopment Agency is the owner of the real
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property located at 2833 State Street; and,
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WHEREAS, the subject site was acquired by the Redevelopment Agency with
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the intent of facilitating redevelopment of the site as well as other properties at the
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corner of Grand Avenue and State Street at a future date; and,
WHEREAS, it is unknown as to when the Agency will be able to initiate
15 comprehensive redevelopment activities related to the subject site due to a poor
16 economy and other extenuating circumstances; and,
17 WHEREAS, there is a need within the community to make continued use of the
18 subject building/property for retail purposes until such time that a redevelopment project
19 may occur at the site to eliminate blight and/or blighting influences within the Village
20 Redevelopment Area; and,
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WHEREAS, there is a continuing need to test the consumer market for demand
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and benefit as well as encourage a successful business in an affordable manner within
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the Village Redevelopment Area, and the subject building has the ability to
25 accommodate said business; and,
26 WHEREAS, the Agency has determined that it is appropriate and necessary to
27 enter into the subject lease and to extend the use of the subject building for retail
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1 purposes until such time as a redevelopment project may be implemented at said site;
2 and,
3 WHEREAS, California Health and Safety Code Section 33400(b) permits the
4 Agency to rent, maintain, manage, operate, repair, and clear property purchased for the
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purposes of redevelopment; and,
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WHEREAS, the Agency has exclusively negotiated with Rosa Hernandez to
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lease the subject building and operate a restaurant within the building; and,8
9 WHEREAS, the Housing and Redevelopment Commission of the City of
!0 Carlsbad, on the date of this resolution, held a duly noticed public hearing to consider
11 the recommendations and heard all persons interested in or opposed to the lease
12 agreement between the Carlsbad Redevelopment Agency and Rosa Hernandez for the
13 use of the subject property as a restaurant; and,
14 WHEREAS, the Housing and Redevelopment Commission of the City of
Carlsbad, on the date of this resolution, considered the report on the lease as required
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per Section 33433 of the California Health and Safety Code.
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NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment
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Commission of the City of Carlsbad, California, as follows that:
20 1 • The above recitations are true and correct.
21 2. The Commission has reviewed the report required by Section 33433 of the
22 California Health and Safety Code and hereby determines that the building
23 located at 2833 State Street, and owned by the Carlsbad Redevelopment
24 Agency, shall continue to benefit the redevelopment area through its
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continued use for retail purposes and to grow business within the Village
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Area through a lease with Rosa Hernandez, d.b.a. The Village Grille for an
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1 initial three year period according to the terms set forth in the attached
2 lease agreement, provided as Exhibit 3.
3. That the subject lease will assist in the elimination of blight within the
4 Village Redevelopment Area by providing occupancy of a key building
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within the Village, which otherwise would remain vacant, and a use that
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will add desired retail in the area, and is consistent with the Village
„ Redevelopment Plan and Five Year Implementation Plan.o
9 4. That the consideration is appropriate for the condition of the building, the
10 short term nature of the lease, the lack of on-site parking, and other
general market conditions for the building space with the covenants and
12 conditions required by the Agency to allow for the use of the building
according to the lease.
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5. The Commission hereby approves said lease agreement and authorizes
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the Executive Director of the Carlsbad Redevelopment Agency to execute
1? the approved lease agreement between the Carlsbad Redevelopment
Agency and Rosa Hernandez for lease of the Agency-owned property
19 located at 2833 State Street, in substantially the form presented to the
20 Commission and subject to the approval of the City Attorney, who serves
21 as legal Counsel to the Carlsbad Redevelopment Agency.
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1 PASSED, APPROVED AND ADOPTED at a Special Meeting of the Housing and
2 Redevelopment Commission of the City of Carlsbad on the 8th day of November 2011,
by the following vote, to wit:
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5 AYES:
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NOES:
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ABSENT:8
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11 MATT HALL, Chairman
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ATTEST:
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tfeA HILDABRAND, Secretary
16 (SEAL) **«™"»,,
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