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OSB 13-007 RESOLUTION NO. OSB-13-007 A RESOLUTION OF THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE POWAY REDEVELOPMENT AGENCY AUTHORIZING AND RATIFYING PRIOR ACTIONS TAKEN BY THE SUCCESSOR AGENCY TO EXTEND THE TERM OF THE LEASE WITH DESERT OASIS INDUSTRIAL LOFTS, LLC WHEREAS, pursuant to Health and Safety Code Section 34181(e), the Successor Agency shall determine whether any contracts, agreements, or arrangements between the dissolved redevelopment agency and any private parties should be terminated or renegotiated to reduce liabilities and increase net revenues to the taxing entities, and present proposed termination or amendment agreements to the Oversight Board for its approval; and WHEREAS, Desert Oasis Industrial Lofts, LLC operates a self-storage business on the former Redevelopment Agency property located at 13033 Poway Road, Poway, California known as Poway Stoway; and WHEREAS, the former Redevelopment Agency entered into a Lease Agreement (Lease) with the current tenant for a three-year term, with finro, one-year extension options, which was assigned to the Successor Agency upon dissolution of the former Redevelopment Agency; and WHEREAS; in accordance with the provisions of the Lease, the First Amendment to the Lease Agreement was executed on May 1, 2012 (Exhibit A), which extended the term of the Lease for an additional one-year period; and WHEREAS, in accordance with provisions of the Lease, the Second Amendment to the Lease Agreement was executed on May 1, 2013 (Exhibit B), which extended the term of the Lease for an additional one-year period; and WHEREAS, the Lease is a "triple net" lease that generates $144,000 net revenue annually to the Successor Agency, which is used to offset obligations of the former Redevelopment Agency and increases the funds available for distribution to the other taxing entities. NOW, THEREFORE the Oversight Board to the Successor Agency of the Poway Redevelopment Agency does hereby resolve as follows: Section 1. The Oversight Board hereby finds and determines that the foregoing recitals are true and correct. Section 2. A duly noticed public meeting having been held, the Oversight Board hereby authorizes and ratifies prior actions taken by the Successor Agency to extend the term of the Lease with Desert Oasis Industrial Lofts, LLC. Section 3. This Resolution shall take effect immediately upon its adoption. Resolution No. OSB-13-007 Page 2 PASSED, ADOPTED and APPROVED by the Oversight Board to the Successor Agency of the Poway Redevelopment Agency at a regular meeting this 25th day of September, 2013. Bruce Tarzy ,� Chair ATTEST: Sheila . Cobian, CMC, Secretary Successor Agency of the Poway Redevelopment Agency Resolution No. OSB-13-007 Page 3 STATE OF CALIFORNIA ) ) COUNTY OF SAN DIEGO ) I, Sheila R. Cobian, CMC, Secretary, Successor Agency to the Poway Redevelopment Agency, do hereby certify under penalty of perjury that the foregoing Resolution No. OSB-13-007 was duly adopted by the Oversight Board to the Successor Agency of the Poway Redevelopment Agency at a meeting of said Oversight Board held on the 25th day of September, 2013 and that it was so adopted by the following vote: AYES: FONG-SAKAI, LADERMAN, LYON, SCOTT, TAM, THOLANDI, TARZY NOES: NONE ABSENT: NONE DISQUALIFIED: NONE heila R. Cobian, CMC, Secretary Successor Agency of the Poway Redevelopment Agency (First Amendment to Lease Agreement to be inserted)