Loading...
Res 23-046RESOLUTION NO. 23-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING AN AMENDED LEASE AGREEMENT WITH HAMBURGER FACTORY, INC., AND THE FIRST AMENDMENT TRANSFERRING THE LEASE TO CHEESEBURGERS IN POWAY, LLC WHEREAS, the City of Poway (the "City") is the owner of the building at 14122 Midland Road commonly referred to as the Hamburger Factory (the "Facility'); WHEREAS, City and Hamburger Factory, Inc. (the "Lessee") entered into that certain Hamburger Factory Lease dated January 1, 2011; WHEREAS, Lessee is in escrow to sell its business to Cheeseburgers in Poway, LLC (the "New Lessee"); WHEREAS, City, Lessee, and New Lessee have negotiated the terms for an Amended and Restated Lease Agreement with Hamburger Factory, Inc. (the "Amended Lease") included in the staff report as Attachment B and a First Amendment to the Lease Agreement with Hamburger Factory, Inc. (the "First Amendment") included in the staff report as Attachment C that will transfer the Amended Lease to the New Lessee; WHEREAS, execution of the New Lease by the City and the Lessee is exempt from the California Environmental Quality Act (CEQA) because the continuation/extension of a lease of government property to a new lessee, without material physical changes, will not result in an result in any direct or reasonably foreseeable impacts on the environment, and thus the project is exempt under the Class 1, Class 2, Class 3 and Class 32 categorical exemptions (see, CEQA Guidelines sections 15301 through 15303, 15332), as well as the so-called "common sense" exemption set forth in Section 15061(b)(3) of the CEQA Guidelines; and WHEREAS, the California Surplus Land Act ("SLA") does not apply to the Amended Lease, because the Facility was already disposed by long term lease in 2011, and thus it is not surplus land, nor does change of the operator of the Facility or extension of the term of the Lease otherwise trigger the SLA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The foregoing recitals are true and correct, and incorporated into this Resolution by this reference, as if fully set forth herein. SECTION 2: The City Council hereby authorizes and directs the City Manager or designee to 1) take all actions and to execute any and all documents, instruments, and agreements necessary or desirable on behalf of the City, as approved by the City Manager and City legal counsel, including, without limitation, the Lease Agreement with Hamburger Factory, Inc., to implement and effectuate the lease of the Facility by City to the New Lessee, and to effectuate all other actions approved by this Resolution, including, without limitation, approving changes, implementations, or revisions to documents, instruments, and agreements as determined necessary by the City Manager or designee and approved by City Attorney, and 2) administer the City's obligations, responsibilities, and duties to be performed pursuant to this Resolution No. 23-046 Page 2 Resolution and all documents, instruments, and agreements required by and for the lease of the Facility by the City to the Lessee. SECTION 3: This Resolution shall take effect upon the date of its adoption. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 1 st day of August, 2023, by the following vote, to wit: AYES: DE HOFF, EDMONDSON, PEPIN, FRANK, VAUS NOES: NONE ABSTAINED: NONE ABSENT: NONE DISQUALIFIED: NONE Steve Vaus, Mayor ATTEST: 1,51AAj ),,AWA Carrie Gallagher, CMC, Citp Clerk