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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />RESOLUTION NO. R-111-16 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY <br />OF COLTON APPROVING A COMMERCIAL LEASE <br />AGREEMENT WITH EDWARD BERIG DBA PACIFIC <br />OCEAN DRIVE 3315 LLC FOR 1595 WEST VALLEY <br />BOULEVARD <br />WHEREAS, pursuant to a Purchase and Sale Agreement, dated July 5, 2016 and entered <br />into by and between the City of Colton ("City") and Edward Berki DBA Pacific Ocean Drive <br />3315 LLC (`Berki"), City purchased from Berki that certain real property located at 1595 West <br />Valley Boulevard in the City of Colton, County of San Bernardino (APN 0254-191-09) <br />("Property"); and <br />WHEREAS, Government Code Section 37350 provides that a city may purchase, lease, <br />receive, hold, and enjoy real and personal property, and control and dispose of it for the common <br />benefit, and Government Code section 37380 authorizes the City to lease property owned or held <br />or controlled by it; and <br />WHEREAS, City plans to sell the Property in or around May 2017, to LUMAR DEVCO, <br />LLC, a California limited liability company ("Developer") under the terms of a Disposition and <br />Development Agreement ("DDA"), between Developer and City, to facilitate the redevelopment <br />of the Property; and <br />WHEREAS, Berki currently operates a commercial business, known as Three Star Auto <br />Sales, on the Property and desires to lease the Property from City pursuant to a Commercial Lease <br />Agreement, in substantially the form attached hereto as Exhibit A and incorporated herein (the <br />"Agreement"), until the Property is transferred to Developer; and <br />WHEREAS, the lease of the Property to Berki serves the common benefit by generating <br />rent on the Property until such time as the Property is transferred to Developer; and <br />WHEREAS, City staff has determined that Berki's lease of the Property from City is <br />exempt from the requirements of the California Environmental Quality Act ("CEQA"), pursuant <br />to State CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that Berki's <br />continued use of the Property will not have a significant effect on the environment; and <br />WHEREAS, a budget revenue increase from the lease of 1595 West Valley Boulevard <br />property, not listed in the 2016-17 Fiscal Year budget, is required and must be approved by <br />resolution of the City Council. <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE <br />CITY OF COLTON: <br />- 1 - <br />