HomeMy WebLinkAboutPD Police Annex Lease Amendment 2SECOND AMENDMENT TO LEASE
dated August 3, 2009
By and Between
Kniesche Family, LLC, "Lessor"
And
City of San Rafael "Lessee"
The parties agree to amend the Lease as follows:
PREMISES. Lessee's Premises shall consist of Suite 100, containing 5,583 rentable square feet
of first floor office space, and Suite 205, containing 825 rentable square feet of second floor office
space.
2. TERMS. The terms of the Lease shall be extended for separate periods as follows:
Suite 100 shall be leased for a period of one (1) year commencing on April 1, 2019 and expiring
on March 31, 2020. Thereafter, the Lease shall be construed as a tenancy from month to month
and shall be on the terms and conditions specified in the Lease.
Suite 205 shall be leased from month to month commencing on April 1, 2019 and expiring on
June 30, 2019. Either party may provide thirty (30) days' advance written notice to terminate this
Premises leasehold at any time prior to the expiration date.
3. RENT. Rent for the extended terms shall be as follows, payable on the first (15') day of each
month:
Suite 100: April 1, 2019 — March 31, 2020: $13,958.00 per month
Suite 205: April 1, 2019 — June 30, 2019: $2,228.00 per month
4. TENANT IMPROVEMENTS. Notwithstanding Lessor's work described below, Lessee agrees to
occupy the Premises in "as -is" condition as of execution of this Second Amendment to Lease.
Lessor, at Lessor's sole expense, shall professionally clean all interior carpet and vinyl flooring
within Suite 100 once, at a time agreed by parties, which work shall be performed no later than
April 30, 2019.
5. OPTION TO EXTEND. Lessee shall have no option to extend the Lease.
6. LESSOR'S RIGHT TO SHOW PREMISES. Lessor and/or its broker or agents shall be permitted
to show Suite 100 to third parties beginning October 1, 2019, providing a minimum of twenty-four
(24) hours' notice is provided to Lessee. Lessor and/or its broker or agents shall be permitted to
show Suite 205 to third parties beginning March 1, 2019, providing a minimum twenty-four (24)
hours' notice is provided to Lessee. Lessor and/or its broker or agents shall use reasonable efforts to
avoid disrupting Lessee's business operations as best possible.
7. BROKER. Lessee and Lessor warrant that each has had no dealings with any real estate broker or
agents in connection with the negotiation of this Second Amendment to Lease excepting only
Keegan & Coppin Company, Inc. as both Lessor's and Lessee's broker, and each knows of no other
real estate broker or agents in connection with this Second Amendment to Lease. Lessor, and not
Lessee, shall pay the broker's commission due in connection with this Second Amendment to
Lease.
All other terms of the Lease and all Addenda and Amendments thereto, where unmodified by this Second
Amendment to Lease, shall remain unchanged and are incorporated herein by reference.
_ 3 Page l of 2 L
Z q e
AGREED AND APPROVED:
LESSOR—Kniesche Family, LLC
Signed on �,1a ! z 1 , 2019
at
0
T. Max Kniesche, III & Nancy A. Kniesche
LESSEE — City of San Rafael
Signed on
0
Its: City Manager
Attest:
901.1, ?Zuoow�
LINDSAY LARA, City Clerk
Approved as to Form:
, 2019
L Q L j - rz rp--
- 44 =N—KII mr- low P - - —
ROBERT F. EPSTEIN, ityAtt ey
Page 2 of 2
LEASING DISCLOSURE AND CONFIRMATION REGARDING REAL ESTATE AGENCY RELATIONSHIP
When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what type of agency relationship
or representation you wish to have with the agent in the transaction. With each specific transaction, you should read the Agency Disclosure and consider how you
are being represented.
LANDLORD'S AGENT
A Landlord's agent under a listing agreement with the Landlord acts as the agent for the Landlord. A Landlord's agent or a subagent of that agent has the following
affirmative obligations:
To the Landlord: A fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Landlord.
To Tenant and Landlord: (a) Diligent exercise of reasonable skill and care in performance of the agent's duties.
(b) A duty of honest and fair dealing and good faith.
(c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known
to, or within the diligent attention and observation of, the parties.
An agent is not obligated to reveal to either party any confidential information obtained from the other party which does not involve the affirmative duties set forth
above.
TENANT'S AGENT
A Tenant's agent can, with a Tenant's consent, agree to act as agent for the Tenant only. In these situations, the agent is not the Landlord's agent, even if by agreement
the agent may receive compensation for services rendered, either in full or in part from the Landlord. An agent acting only for a Tenant has the following affirmative
obligations:
To the Tenant: A fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Tenant.
To Tenant and Landlord: (a) Diligent exercise of reasonable skill and care in performance of the agent's duties.
(b) A duty of honest and fair dealing and good faith.
(c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known
to, or within the diligent attention and observation of, the parties.
An agent is not obligated to reveal to either party any confidential information obtained from the other party which does not involve the affirmative duties set forth
above.
AGENT REPRESENTING BOTH LANDLORD AND TENANT
A real estate agent, either acting directly or through one or more associate licensees, can legally be the agent of both the Landlord and the Tenant in a transaction
but only with the knowledge and consent of both the Landlord and the Tenant.
In a dual agency situation, the agent has the following affirmative obligations to both the Landlord and the Tenant:
(a) A fiduciary duty of utmost care, integrity, honest and loyalty in the dealings with either Landlord or Tenant.
(b) Other duties to the Landlord and the Tenant as stated above in their respective sections.
In representing both Landlord and Tenant, the agent may not, without the express permission of the respective party, disclose to the other party that the Landlord
will accept a rent less than the listed rent or that the Tenant will pay a rent greater than the rent offered.
The above duties of the agent in a real estate transaction do not relieve a Landlord or Tenant from the responsibility to protect their own interests. You should
carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person qualified to advise someone
about real estate. If legal or tax advice is desired, consult a competent professional.
Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the transaction. The
law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read its contents each time it is
presented to you, considering the relationship between you and the real estate agent in your specific transaction. This disclosure form includes the provisions of
Sections 2079.13 to 2079.24, inclusive of the Civil Code set forth on the reverse hereof. Read it carefully.
We acknowledge ipt oa 'Ply
of is di losure:
Tenant__ Date
Tenant Date
Agent Date ? -SK-1t)
LandlDate
Landlord Date
Agent Date 3-29— , /
CONFIRMATION OF AGENCY
We authorize the following agency:
Keegan & Coppin Company. Inc. is the agent of: (Check one)
The Tenant exclusively; or
The Landlord exclusively; or
X Both the Tenant and Landlord
CONFIRMED AND UTHO'ED:
Tenant . .. Date
Tenant Date
Agent for Tenant Theo Banks
Lic. #01359605
Keegan & Coppin Company. Inc. is the agent of. (Check one)
The Landlord exclusively; or
X Both the Tenant and Landlord
CONFIRMED AND AUTHORIZED: �+
Landlord- 'h --F Date ILS
kq-
Agent for Landlord Theo Banks
Lic. #01359605
PROPERTY ADDRESS: 1099 D Street, Suites 100 and 205. San Rafael CA 94901
2079.13. As used in Sections 2079.14 to 2079.24, inclusive, the following terms have the following meanings'
(a) "Agent" means a person acting under provisions of Title 9 (commencing with section 2295) in a real property transaction, and includes a person who is licensed as a real property transaction, and
includes a person who is licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions code, and under whose license a
listing is executed or an offer to purchase is obtained.
(b) "Associate license" means a person who is licensed as a real estate broker or salesperson under Chapter 3 (commencing with Section 10 130) of Part 1 of Division 4 of the Business and Professions
Code and who is either licensed under a broker or has entered into written contract with a broker to act as the broker's agent in connection with acts requiring a real estate license and to function under
the broker's supervision in the capacity of an associate licensee
The agent in the real property transaction bears responsibility for his or her associate licensees who perform as agents of the agent. When as associate licensee owes a duty to any principal, or to
transaction, that duty is equivalent to the duty owed to that party by the broker for whom the associate licensee functions.
(c) "Buyer means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent
in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. "Buyer' includes vendee or lessee.
(d) "Commercial real property" means all real property in the state, except single-family residential real property, dwelling units made subject to Chapter 2 (commencing with Section 1940) of Title 5,
mobilehomes, as defined in Section 798.3, or recreational vehicles, as defined in Section 799.29.
(e)"Dual agent" means an agent acting, either directly or through an associate licensee, as agent for both the seller and the buyer in a real property transaction.
(F)"Listing agreement" means a contract between an owner of real property and an agent, by which the agent has been authorized to sell the real property or to find or obtain a buyer.
(g) "Listing agent' means a person who has obtained a listing of real property to act as an agent for compensation.
(h) "Listing price" is (lie amount expressed in dollars specified in the listing for which the seller is willing to sell the real property through the listing agent.
(i) "Offering price" is the amount expressed in dollars specified in an offer to purchase for which the buyer is willing to buy the real property.
6) "Offer to purchase" means a written contract executed by a buyer acting through a selling agent that becomes the contract for the sale of the real property upon acceptance by the seller.
(k)"real property" means any estate specified by subdivision (1) or (2) of Section 761 in property that constitutes or is improved with one to four dwelling units, any commercial real property, any
leasehold in these types of property exceeding one year's duration, and mobilehomes, when offered for sale or sold through an agent pursuant to the authority contained in Section 10131.6 of the
Business of Professions Code.
(1) "Real property transaction" means a transaction for the sale of real property in which an agent is employed by one or more of the principals to act in that transaction, and includes a listing or an
offer to purchase.
(in) "Sell; ' "sale" or "sold" refers to a transaction for the transfer of real property from the seller to the buyer, and includes exchanges of real property between the seller and buyer, transactions for the
creation of a real property sales contract within the meaning of Section 2985, and transactions for the creation of leaseliold exceeding one year's duration.
(n) "Seller' means the transferor in a real property transaction, and includes an owner who lists real property with an agent, whether or not a transfer results, or who receives an offer to purchase real
property or which lie or she is the owner from an agent on behalf of another. "Seller' includes both a vendor and a lessor.
(o) "Selling agent" means a listing agent who acts alone, or an agent who acts in cooperation with a listing agent, and who sells or finds and obtains a buyer for the real property, or an agent who
locates property for a buyer or who finds a buyer for a property for which no listing exists and presents an offer to purchase to the seller.
(p)"Subagent" means a person to whom an agent delegates agency powers as provided in Article 5(commencing with Section 2349) of Chapter 1 of title 9. However, "subagent" does not include an
associate licensee who is acting under the supervision of an agent in real property transaction.
2079.14. Listing agents and selling agents shall provide the seller and buyer in a real property transaction with a copy of the disclosure from specified in Section 2079. 16, and, except as provided in
subdivision (c), shall obtain a signed acknowledgement of receipt from that seller or buyer, except as provided in this section or Section 2079. 15, as follows:
(a) The listing agent, if any, shall provide the disclosure form to the seller prior to entering into the listing agreement.
(b)The selling agent shall provide the disclosure form to the seller as soon as practicable prior to presenting the seller with an offer to purchase, unless the selling agent previously provided the seller
with a copy of the disclosure form pursuant to subdivision (a).
(c) Wliere the selling agent does not deal on a face-to-face basis with the seller, the disclosure form prepared by the selling agent may be furnished to the seller (and acknowledgement of receipt
obtained for the selling agent from the seller) by the listing agent, or the selling agent may deliver the disclosure form by certified mail addressed to the seller as his or her last known address, in which
case no signed acknowledgement of this receipt is required.
(d)'Hie selling agent shall provide the disclosure form to the buyer as soon as practicable prior to execution of the buyer's offer to purchase, except that if the offer to purchase is not prepared by the
selling agent, the selling agent shall present the disclosure form to the buyer not later that the next business day after the selling agent receives the offer to purchase from the buyer.
2079.15 In any circumstance in which the seller or buyer refuses to sign an acknowledgement or receipt pursuant to Section 2079.14, the agent, or an associate licensee acting for the agent, shall set
forth, sign, and date a written declaration of the facts of the refiisal.
2079.17. (a) As soon as practicable, the selling agent shall disclose to the buyer and seller whether (he selling agent is acting in the real property transaction exclusively as the buyer's agent,
exclusively as the seller's agent, or as a dual agent representing both the buyer and the seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate
writing executed or acknowledged by the seller, the buyer, and the selling agent prior to or coincident with execution of that contract by die buyer and the seller, respectively.
(b) As soon as practicable, the listing agent shall disclose to the seller whether the listing agent is acting in the real property transaction exclusively as the seller's agent, or as a dual agent representing
both the buyer and seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller and the listing agent
prior to our coincident with the execution of that contract by the seller
(c) The confirmation required by subdivisions (a) and (b) shall be in the following form:
is the agent of is the agent of
(Name of Listing Agent) (Name of Selling Agent if not the same as the Listing Agent)
(Check one) (Check one)
( ) the seller exclusively; or () the buyer exclusively; or
( ) both the buyer and seller. () the seller exclusively; or
( ) both the buyer and seller
(d) The disclosures and confirmation required by this section shall be in addition to the disclosure required by Section 2079.14.
2079.18. No selling agent in a real property transaction may act as an agent for the buyer only, when the selling agent is also acting as the listing agent in the transaction.
2079.19. Tlie payment of compensation or the obligation to pay compensation to an agent by the seller or buyer is not necessarily determinative or a particular agency relationship between an agent
and the seller or buyer. A listing agent and a selling agent may agree to share any compensation or commission paid, or any right to any compensation or commission for which an obligation arises as
the result of a real estate transaction, and the terms of any such agreement shall not necessarily be determinative of a particular relationship.
2079.20. Nothing in this article prevents and agent from selecting, as a condition of the agent's employment, a specific form of agency relationship not specifically prohibited by this article if the
requirements of Section 2079.14 and Section 2079.17 are complied with.
2079.21. A dual agent shall not disclose to buyer that lire seller is willing to sell the property as a price less than the listing price, without the express written consent of the seller. A dual agent shall not
disclose to the seller that the buyer is willing to pay a price greater that the offering price, without the express written consent of the buyer.
11is section does not alter in any way the duty of responsibility of a dual agent to any principal with respect to confidential information other than price.
2079.22 Nothing in this article precludes a listing agent from also being a selling agent, and the combination of these fimctions in one agent does not, of itself, make that agent a dual agent.
2079.23. (a) A contract between the principal and agent may be modified or altered to change lire agency relationship at any time before the performance of the act which is the object of the agency
with the written consent of the parties to the agency relationship.
(b) A lender or an auction company retained by a lender to control aspects of a transaction of real property subject to this part, including validating the sales price, shall not require, as a condition of
receiving the lender's approval of the transaction, the homeowner or listing agent to defend or indemnify the lender or auction company from any liability alleged to result from the actions of the
lender or auction company. Any clause, provision, covenant, or agreement purporting to impose an obligation to defend or indemnify a lender or an auction company in violation of this subdivision is
against public policy, void, and unenforceable.
2079.24. Nothing in this article shall be construed to either diminish the duty of disclosure owed buyers and sellers by agents and their associate licensees, subagents, and empl in liability for
their conduct in connection with acts governed by this article or for any breach of a fiduciary duty or a duty of disclosure. ``��
Initia��-f-
P� RAF,gF
����1
�o
/rYwITH A'��
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: Police
Project Manager: Glenn McElderry Extension: 458-5301
Contractor Name: 1099 D Street, LLC
Contractor's Contact: Theo Banks Contact's Email: TBanks@KeeganCoppin.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
a. Email PINS Introductory Notice to Contractor
DATE
Check/Initial
1
Project Manager
n/a
1/30/2019
b. Email contract (in Word) and attachments to City
Attorney c/o Laraine.Gittens@cityofsanrafael.org
GM
2
City Attorney
a. Review, revise, and comment on draft agreement
1/30/2019
and return to Project Manager
n/a
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
Click or tap
❑
3
Department Director
Approval of final agreement form to send to
contractor
to enter a
Project Manager
Forward three (3) originals of final agreement to
clate.
4
2/5/2019
Project Manager
contractor for their signature
When necessary, contractor -signed agreement
LJ 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
3/18/2019
Date of City Council approval
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
6
Project Manager
Forward signed original agreements to City
4/2/19
GM
Attorney with printed copy of this routing form
4//,2
I/
7
City Attorney
Review and approve hard copy of signed
City Attorney
agreement
8
Review and approve insurance in PINS, and bonds
(for Public Works Contracts)
Agreement executed by City Council authorized
3 7
9
City Manager/ Mayor
�I
official
I
10
City Clerk
Attest signatures, retains original agreement and
forwards copies to Project Manager
2--61-30