HomeMy WebLinkAboutRA Resolution 2009-13 (Lease RAB Motors)SAN RAFAEL REDEVELOPMENT AGENCY
RESOLUTION NO. 2009-13
MOVED BY: MEMBER BROCKBANK SECONDED BY: MEMBER HELLER
A RESOLUTION APPROVING THE CONTINUATION OF A LEASE BETWEEN
THE SAN RAFAEL REDEVELOPMENT AGENCY AND R.A.B. MOTORS, INC.
FOR THE PROPERTY LOCATED AT RICE DRIVE AND FRANCISCO BLVD
WEST (APN 013-041-44) PURSUANT TO HEALTH AND SAFETY CODE
SECTION 33430 (one-year lease with three one-year extensions)
WHEREAS, the City Council of the City of San Rafael (the "City Council")
adopted the Redevelopment Plan for the Central San Rafael Redevelopment Project Area
on November 20, 1972, by Ordinance No. 1079, as amended, affecting the Central San
Rafael Redevelopment Project Area (the "Project Area"); and
WHEREAS, the City Council adopted the Third Amended and Restated
Redevelopment Plan for the Central San Rafael Redevelopment Project Area (the
"Restated Redevelopment Plan") on August 19, 2002, by Ordinance No. 1786; amended
on March 1, 2004 by Ordinance 1822; and
WHEREAS, the San Rafael Redevelopment Agency (the "Agency") is vested
with responsibility pursuant to the Community Redevelopment Law (Part I of Division 24
of the Health and Safety Code of the State of California) (the "CRL") to implement the
Restated Redevelopment Plan in the Project Area; and
WHEREAS, the Agency entered into a lease with R.A.B. Motors on the Agency
property located at Rice Drive and Francisco Boulevard West (APN 013-041-44) ("the
Lease") in 2004 after conducting a noticed public hearing; and
WHEREAS, the Lease is set to expire on September 30, 2009.
WHEREAS, in 2004, the San Rafael Zoning Administrator approved a use
permit for temporary auto storage on the property that will expire on September 9, 2009;
and
WHEREAS, Tenant desires to apply to the City of San Rafael to continue the
temporary auto storage use of the leased property and Agency and Tenant desire to extend
the Lease for a limited period of time for that purpose; and
WHEREAS, Section 33431 of the CRL allows the Agency to approve such lease
extension after conducting a noticed public hearing; and
WHEREAS, notice of the public hearing was advertised in the Marin
Independent Journal on July 6 and July 13, 2009; and
WHEREAS, on July 20, 2009, the Agency conducted a duly noticed public
hearing pursuant to Section 33431 of the CRL to obtain and consider public testimony
regarding extending the Lease; and
NOW, THEREFORE, IT IS HEREBY RESOLVED as follows:
1. All of the above recitals are true and correct, and the Agency has based the
findings and actions set forth in this Resolution, in part, on such recitals.
2. The Agency hereby consents to extending the Lease for an additional term
of one year beginning on October 1, 2009, and for three further one-year extensions upon
request by the Tenant and written approval by the Economic Development Director (the
"Lease Extension"). The Lease Extension shall be in a form approved by Agency
Counsel, and shall provide that all other terms of the Lease shall remain in effect and
unmodified. The Economic Development Director is hereby authorized to execute the
Lease Extension as finalized by Agency Counsel, and to take any and all other actions
required to effectuate the Lease Extension.
3. The Agency supports the continued use of the Leased property for
temporary auto storage during the term of the Lease Extension and authorizes the
Economic Development Director to work with Tenant to obtain approval by the Zoning
Administrator of a new or extended use permit for that use during the term of the Lease
Extension.
This Resolution shall take immediate effect from and after its passage and
approval.
I, ESTHER BEIRNE, Agency Secretary of the San Rafael Redevelopment
Agency, hereby certify that the foregoing resolution was duly and regularly introduced
and adopted at a regular meeting of the San Rafael Redevelopment Agency held on the
twentieth day of July 2009, by the following vote:
AYES: MEMBERS: Brockbank, Connolly, Heller, Miller & Chairman Boro
NOES: MEMBERS: None
ABSENT: MEMBERS: None
Esther Beime, Agency Secretary
K
LEASE EXTENSION
THIS LEASE EXTENSION is made as of September 30th 2009 by and between the
San Rafael Redevelopment Agency ("Agency") as the landlord and RAB Motors, Inc.
("Tenant") as the tenant.
RECITALS
A. The Agency and the Tenant entered in that certain Lease on June 22, 2004 (the
Lease") concerning a property owned by the Agency and located in the City of San
Rafael at Rice Drive and West Francisco Boulevard (APN 013-041-44) and more
particularly described in the Lease.
B. The Lease was for a period of two years and could be extended for three additional
one year periods.
C. The Lease commenced on October 1, 2004, the first month following the September
9, 2004 approval of the Environmental Design Review and Use Permit by the City of
San Rafael.
D. The Agency and the Tenant desire to extend the Lease for an additional one year
period from October 1, 2009 to September 30, 2010.
E. The Agency and the Tenants desire to provide for three additional one year lease
extensions after the initial one year lease period.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties
hereto and other valuable consideration, the receipt and sufficiency of which consideration are
hereby acknowledged, the Agency and the Tenant agree as follows:
1. Lease Amendment. The Lease is hereby amended as follows:
a) Section 1.2 is hereby deleted and replaced with the following:
"The term of this Lease shall commence on October 1, 2009 and continue through
September 30, 2010. This Lcase maybe extended for three additional one-year
time periods after the initial lease period, upon request by Tenant made not less
than thirty (30) days prior to the end of the then -current lease term and approved
in writing by the Agency's Economic Development Director."
b) Section 2.1 is herby deleted and replaced with the following:
e 14 Li (SC -1c) -2 0
The rental period will commence on the first day of October 2009. On or before
the first day of each month during the rental period of this Lease, Tenant shall pay
to Agency as rent, without offset or deduction of any kind, the amount of $ 2,770.
No invoice or other notice shall be issued by the Agency or be required to be
issued for payment of rent.
c) Section 3.1 is herby deleted and replaced with the following:
Tenant may use the Property, in conjunction with the immediately adjacent parcel
(APN 013-041-54), for automobile storage and display in conjunction with the
operations of the auto dealership located at 610 Du Bois Street. No auto repairs,
washing, or detailing, or storage of automobiles not associated with the business
at 610 Du Bois Street shall be permitted on the site.
2. Full Force and Effect. Except as set forth in this Lease Extension, the Lease remains
unmodified and is in full force and effect.
3. Countemarts. This Lease extension may be signed by the different parties in
counterparts, each of which shall be deemed an original but all of which together
shall constitute one and the same agreement.
WHEREFORE, the parties have executed this Lease Extension as of the date first set
forth above.
APPROVED AS TO FORM:
Robert F. Epstein
Agency Counsel
SAN RAFAEL REDEVELOPMENT AGENCY
/M -
Nancy Mackle
Esther Beirne
Agency Secretary
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03f2M "II
RAB MOTORS, INC.
By:__
Name* Robin A. Bacci
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Title: President