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File #: 3190   
Type: New Business - Miscellaneous Status: Adopted
File created: 7/26/2021 In control: District 3
On agenda: 8/3/2021 Final action: 8/3/2021
Title: Board Discussion: Options Regarding Representations of Steven Powers, Lessee of Complex Cafe
Attachments: 1. Signed Cafe Agreement Page 1.jpg, 2. Signed Cafe Agreement Page 2.jpg, 3. Lease and amendments.pdf
Board Discussion: Options Regarding Representations of Steven Powers, Lessee of Complex Cafe
Fiscal Impact:
Indeterminate: Dependent on specific action taken by the Board and the comparative use of the space should the Board choose to terminate

District 3
Requested Action:

Board discussion of Steven Power's statements and breach of contract

Summary Explanation and Background:

On July 20th, 2021, Steven Powers came before the Board to request a reduction in rent payments for the lease to the Complex Caf?. During this discussion, Mr. Powers stated to the Board that he personally managed the caf? and was not engaging in subleasing. Documentation has come to light that showing Maria Paz Jordan Pulgarin has "purchased" and is running the caf?.

The lease states that "Vendor agrees not to assign or sublease the leased premises, any part thereof, or any right or privilege connected therewith, or to allow any other person, except Vendor's agents and employees, to occupy the premises or any part thereof, without first obtaining County's written consent. County expressly covenants that such consent shall not be unreasonably or arbitrarily refused. One consent by County shall not be a consent to a subsequent assignment, sublease, or occupation by other persons. Vendor's unauthorized assignment, sublease or license to occupy shall be void, and shall terminate the Contract at County's option. Vendor's interest in this Contract is not assignable by operation of law, nor is any assignment of its interest herein, without County's written consent."

In fact, Mr. Powers has entered into a contract with Maria Pulgarin to "sell both caf? to Maria Paz Jordan Pulgarin. . .for the price of $120,000. Maria Paz Jordan Pulgarin will take full control of both cafes [sic]." In return, Ms. Pulgarin appears to have agreed to pay this sum in payments of $2,000 per month, including $1,200 rent directly to a County employee. It goe...

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