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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 r 03f2M "II RAB MOTORS, INC. By:__ Name* Robin A. Bacci t Title: President