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OSB 13-008 RESOLUTION NO. OSB-13-008 A RESOLUTION OF THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE POWAY REDEVELOPMENT AGENCY APPROVING A LEASE AGREEMENT WITH HORIZON HOSPICE, INC. AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE THE AGREEMENT 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, the former Redevelopment Agency acquired the property located at 13053 Poway Road, Poway, California in August 2008, at which time a lease agreement with Horizon Hospice, Inc. for use of Suite A (Lease) was assigned to the Agency; and WHEREAS, the former Redevelopment Agency was dissolved by operation of law on February 1, 2012, and the Lease was assigned to the Successor Agency at that time; and WHEREAS; the Lease expired on in October 2012, and continued on a month- to-month basis thereafter; and WHEREAS, at the end of 2012, Horizon Hospice, Inc. was acquired by Scripps Health, and the hospice operations needed to expand quickly in order to accommodate increased patient load and additional staffing; and WHEREAS, in April 2013, the Successor Agency executed a letter agreement allowing Horizon Hospice to temporarily expand their use of the property to include an additional 2,080 square feet of previously vacant space known as Suite C; and WHEREAS, the purpose of the letter agreement was to allow for the tenant to temporarily use the additional space while a more formal lease agreement could be prepared for Oversight Board consideration; and WHEREAS, together Suites A and C total 4,750 square feet, and generate $4,180 per month in rent, for a total of $50,160 annually in revenue to the Successor Agency for this property; and WHEREAS, an additional benefit of the renegotiated lease is that it will now be a "triple net" lease, which relieves the Successor Agency of its current repair and maintenance responsibilities for the building with the exception of major repairs to the roof and plumbing and electrical infrastructure up to the point of entry into the building; and WHEREAS, the increased revenue and reduced maintenance costs will result in increased funds available for distribution to the other taxing entities; and Resolution No. OSB-13-008 Page 2 NOW, THEREFORE the Oversight Board of the Successor Agency to 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 approves the Lease Agreement befinreen the Successor Agency and Horizon Hospice, Inc., attached as Exhibit A. Section 3. This Resolution shall take effect immediately upon its adoption. 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-13-008 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- 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', THOLANDI, TARZY NOES: NONE ABSENT: NONE DISQUALIFIED: TAM � �v.4U�, Sheila R. Cobian, CMC, Secretary Successor Agency of the Poway Redevelopment Agency