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HomeMy WebLinkAbout2009-06-23; Housing & Redevelopment Commission; Resolution 471Exhibit 1 1 RESOLUTION NO. 471 2 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF 3 CARLSBAD, CALIFORNIA, AUTHORIZING EXECUTION 4 OF A LEASE AGREEMENT BETWEEN NEW VILLAGE ARTS THEATRE AND THE CARLSBAD HOUSING AND 5 REDEVELOPMENT AGENCY FOR AGENCY OWNED PROPERTY LOCATED AT 2787-A STATE STREET FOR 6 THE PURPOSES OF OPERATING AN ARTS INCUBATOR IN THE VILLAGE REDEVELOPMENT AREA 7 8 WHEREAS, the Carlsbad Redevelopment Agency assumed ownership of the 9 subject property located at 2787 A/B State Street on November 20,1997;and 10 WHEREAS, the subject site was acquired by the Redevelopment Agency with 11 the intent of facilitating redevelopment of the site as well as other properties at the 12 corner of Grand Avenue and State Street at a future date; and 13 WHEREAS, there are no immediate plans for the site's redevelopment, but a !5 economic development need has been demonstrated within the community to make 16 continued use of the site for either additional retail, arts or entertainment purposes until 17 such time as a redevelopment project may occur at the site to eliminate blight and/or 18 blighting influences in the Village Redevelopment Area; and 19 WHEREAS, there is an economic development need to further test the consumer 20 market for additional arts, culture and entertainment business establishments, and 21 related demand for, and benefit of, an arts incubator in the Village Redevelopment Area, 22 and the subject building has the capacity to accommodate such a use; and 23 WHERAS, the Agency has determined it is necessary and appropriate to enter 25 into the subject lease and extend the use of the building for arts and entertainment 26 purposes to eliminate the blighting influence of a vacant, underutilized building and until 27 such time as a redevelopment project may be implemented in the future; and 28 , 1 WHEREAS, the California Health and Safety Code Section 33400(b) permits the 2 Agency to rent, maintain, manager, operate, repair and clear property purchased for the 3 purposes of redevelopment; and 4 WHEREAS, the Housing and Redevelopment Agency offered the property to the 5 general public for lease, selected an appropriate proposal, and negotiated with New 6 Village Arts to lease 2787-A State Street to operate an arts incubator within the space; 7 and8 WHEREAS, for the purposes of enhancing economic activity in the Village Redevelopment Area and due to the short-term period of the lease, a determination has 11 been made that the property shall be leased to New Village Arts Theatre for one dollar 12 ($1) per year which is consideration that is not less than the fair reuse value with 13 covenants and conditions authorized by the subject lease; and 14 WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on the date of this resolution, held a duly noticed public hearing to consider 16 the recommendations and heard all persons interested in or opposed to the lease 17 agreement between the Carlsbad Redevelopment Agency and New Village Arts for 18 interim use of the subject building for an arts incubator; and 20 WHEREAS, the Housing and Redevelopment Commission of the City of 21 Carlsbad, on the date of this resolution, considered the report on the lease as required 22 per Section 33433 of the California Health and Safety Code. 23 24 25 26 27 28 1 NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment 2 Commission of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 4 2. The Commission has reviewed the report required by Section 33433 of the 5 California Health and Safety Code and hereby determines that Suite A of the building located at 2787 State Street, and owned by the Carlsbad 6 Redevelopment Agency, shall continue to benefit the redevelopment area through its continued interim use for economic development purposes through a lease with New Village Arts for at least a one year period to provide 8 for an Arts Incubator to encourage new arts, culture and/or entertainment business opportunities within the Village Redevelopment Area. 9 3. That the subject lease will assist in the elimination of blight within the 10 Village Redevelopment Area by providing occupancy of a vacant, underutilized building space and add a use that will provide desired arts, culture and/or entertainment within the area which is consistent with the 12 Village Business Development Plan, the Village Redevelopment Plan and the Village Five Year Implementation Plan. is" 14 4. That the consideration is not less than the fair reuse value of the building space with the covenants and conditions and limited term authorized and/or 15 required by the lease. 16 That the Commission hereby approves said lease agreement and authorizes the Chairman of the Commission to execute the approved lease agreement in substantially the form presented to the Commission and subject to approval of the City Attorney, who serves as legal Counsel to the Carlsbad 19 Redevelopment Agency. 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PASSED, APPROVED AND ADOPTED at a Special Meeting of the Housing and Redevelopment Commission of the City of Carlsbad on the 23rd day of June, 2009, by the following vote to wit: AYES: Commission Members Kulchin, Hall, Packard and Blackburn. NOES: Commission Member Lewis. ABSENT: None. l\ 1 1 IZ.O 1 • oY ESTABLISHED'';*! \ v>\ ': o> - • fc\ 1970 /£ r