HomeMy WebLinkAboutCM Airspace Lease; AmendmentSTATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION
AIRSPACE LEASE AMENDMENT
AMENDMENT TO AIRSPACE LEASE
04 -MRN -101-00 12-01
THIS AMENDMENT TO LEASE made on August 9. 2022 by and between Landlord, the State of
California, Department of Transportation, and Tenant, the City of Sari Rafael a munici al co oration.
WHEREAS, Landlord and Tenant did on June 28, 2021 enter into that certain Lease and tenancy
identified as tenancy 04 -MRN -101-0012-01, covering land in the County of Marin, State of California, known
as Freeway Lease Area 04 -MRN -101-0012 and more particularly described in said Lease, the term of which
Lease expired on July 7, 2022 and has been from month-to-month pursuant to Article 3 and Section 19.10 of the
Lease;
WHEREAS,_Landlord and Tenant desire to extend lease premise area to include area from
5`h Avenue to Mission Avenue;
WHEREAS, Landlord and Tenant desire to specify Tenant obligations to remove all fencing and restripe
lease area lot at the end of tenancy, prior to vacation;
NOW, THEREFORE, the Lease between Landlord and Tenant is hereby mutually amended effective August
16, 2022 as follows:
1. ARTICLE I... "PREMISES" shall be modified as follows in red:
Premises: The area under the Highway 101 viaduct between 3`d and 4`h Streets, 4`h Street and 5`h
Avenue, 5th Avenue to Mission Avenue (portions of the Hetherton Park and Ride lot), and the
entire Mission Avenue Park and Ride lot located in the City of San Rafael, County of Marin,
State of California and more particularly described in Article 2.
2. ARTICLE 2..." PREMISES" shall be modified as follows -in red:
Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, for the term, at the
rent, and upon the covenants and conditions hereinafter set forth, that certain Premises known as
Freeway Lease Area No. Mm -101-0012, located at the area under the Highway 101 viaduct
between 3rd and 4th Streets, 4th Street and 5th Avenue, 5`h Avenue to Mission Avenue (portions
of the Hetherton Park and Ride Lot), and the entire Mission Avenue Park and Ride lot located in
the City of San Rafael, County of Marin, said land or interest therein being shown on the map or
plat marked "Exhibit A," attached hereto and by this reference made a part hereof.
Landlord will deliver the 5`h Avenue to Mission Avenue lot to Tenant on or after August 16,
2022, in a clean condition and clear of persons and personal property. This is expected on or
about August 16, 2022 but may be delayed depending on site conditions.
3. ARTICLE 6... "'IMPROVEMENTS" shall be modified as follows in red:
No improvements of any kind shall be placed in, on, or upon the Premises, and no alterations
shall be made in, on, or upon the Premises without the prior written consent of Landlord and
the concurrence of the Federal Highway Administration (FHWA). In the event Tenant violates
"Caltrans improves nmobmlitv across California"
any of the provisions of this Article, this Lease may be terminated immediately by Landlord.
Removal of Tenant's improvements shall be at no cost to FHWA. Tenant may, at its sole
expense, install and maintain any additional fencing and entrances that may be required by its use
of the Premises, subject to the approval of the location by Landlord and the City of San Ral'ael
and County of Marin: provided that Tenant shall at its sole expense construct and maintain
sidewalks and driveways at the locations where the additional entrances are installed. In the event
Tenant violates any of the provisions of this Article, this Lease may be terminated immediately
by Landlord and be of no further force or effect. Existing Improvements include: asphalt paved
pa_rking lot and fencing within the Premises.
At the end of tenancy, Tenant agrees to completely remove all of their fencing erected in the
leased lots. Tenant further agrees to re -stripe asphalt for commuter parking in the lot between 5th
Avenue and Mission Avenue prior to termination of tenancy.
4. ORIGINAL EXHIBIT A shall be replaced in full by the attached new Exhibit A.
All other terms, covenants, and conditions contained in said Lease shall remain unchanged, except for
the specific provisions as expressly modified by this instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Lease Amendment as of the date
written above.
LANDLORD: STATE OF CALIFORNIA TENANT: CITY OF SAN RAFAEL
DEPARTMENT OF TRANSPORTATION
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By: _ By:
KRISTIN L. SCHOBER
District Branch Chief
Right of Way Airspace Development
ATTEST:
• I lI„�i{��f
LINDSAY LARA, City Clerk
APPROVED AS TO FORM:
ROBE�k F. EPSTEIN, City Attorney
"Caltrans improves mobdity across Caliifornia"
EXHIBIT "A"
"Caltrans improves mobilnrt arrosr.California "
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"Caltrans improves mobility across California"
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r WITH P
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: City Manager
Project Manager: Jim Schutz Extension: 3475
Contractor Name: State of CA Dept. of Transportation — Amendment to Airspace Lease
Contractor's Contact: Leslie Wong, Associate Right of Way Agent —Airspace Development
Contact's Email: Leslie.c.wong@dot.ca.gov
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
Project Manager
a. Email PINS Introductory Notice to Contractor
DATE
n/a
Check/Initial
1
❑X
b. Email contract (in Word) and attachments to City
8/9/2022
City Attorney
Attorney c/o Laraine.Gittens@cityofsanrafael.org
a. Review, revise, and comment on draft agreement
8/10/2022
❑Q
2
and return to Project Manager
b. Confirm insurance requirements, create Job on
n/a
Department Director
PINS, send PINS insurance notice to contractor
Approval of final agreement form to send to
8/10/2022
3
❑X
Project Manager
contractor
Forward three (3) originals of final agreement to
4
❑
Project Manager
contractor for their signature
When necessary, contractor -signed agreementX❑
N/A
5
agendized for City Council approval *
*City Council approval required for Professional Services
❑
Agreements and purchases of goods and services that exceed
Or
$75,000; and for Public Works Contracts that exceed $175,000
Click here to
Date of City Council approval
eater a date.
i PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
6
Project Manager
Forward signed original agreements to City
8/10/2022
Attorney with printed copy of this routing form
7
City Attorney
Review and approve hard copy of signed
8/10/2022
l�
agreement _
Review and approve insurance in PINS , and bonds
n/a
8
City Attorney
(for Public Works Contracts)
8/10/2022
9
City Manager/ Mayor
Agreement executed by City Council authorized
official
A 2
10
City Clerk
Attest signatures, retains original agreement andI
forwards copies to Project Manager
log 1111AX
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