HomeMy WebLinkAboutCC Resolution 13852 (1099 D Street)r � � � t • t t � t r r r� 1 �
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WHEREAS, the City of San Rafael currently has a lease with 1099 D St., LLC, San
Rafael for a 6070 square foot Police Department substation (Annex) for $11,255.09 per month
that will expire on March 31, 2015; and
WHEREAS, the City of San Rafael has a verbal agreement with 1099 D St., LLC, San
Rafael to extend the lease for four (4) years beginning on April 1, 2015, for $13,354.00 per
month; and
WHEREAS, the City of San Rafael has a verbal agreement with 1099 D St., LLC, San
Rafael to give the City the first month rent free of charge for a savings of $13,354.00; and
WHEREAS, 1099 D St., LLC, San Rafael will provide a janitorial service to be included
in the monthly rent.
NOW, THEREFORE, BE IT RESOLVED, that the City Council approves and authorizes
the City Manager to execute a First Amendment to lease, in a form approved by the City
Attorney, with 1099 D Street, LLC, for the Police Annex located at 1099 D Street, to extend the
term of the lease four (4) years commencing on April 1, 2015, for $13,354.00 in rent per month,
with the April 2015 rent abated, and with a 3% increase in rent each year thereafter.
I, Esther C. Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the City
Council of the City of San Rafael, held on Monday, the 15" day of December, 2014 by the
following vote, to wit:
AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Esther C. Beirne, City Clerk
FIRST AMENDMENT TO LEASE
dated August 3, 2009
By and Between
1099 D Street, LLC, "Lessor"
And
City of San Rafael "Lessee"
The parties agree to amend the Lease as follows:
1. TERM. The term of the Lease shall be extended for a period of four (4) Years commencing on
April 1, 2015 and expiring on March 31. 2019. 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.
2. RENT. Rent for the extended term shall be as follows, payable on the first (I") day of each
month:
April 1, 2015 —April 30, 2015:
Abated
May 1, 2015 — March 31, 2016:
$13,354.00 per month
April 1, 2016 — March 31, 2017:
$13,755.00 per month
April 1, 2017 — March 31, 2018:
$14,167.00 per month
April 1, 2018 —March 31, 2019:
$14,592.00 per month
3. TENANT IMPROVEMENTS. Notwithstanding Lessor's work described below, Lessee agrees to
occupy the Premises in "as -is" condition as of execution of this First Amendment.
Lessor, at Lessor's sole expense, shall professionally clean all interior carpet and vinyl flooring
within the Premises prior to April 30, 2015. Lessor shall also touch up the interior paint, as needed,
prior to April 30, 2015.
4. OPTION TO EXTEND. Lessee shall have no option to extend the Lease.
5. 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 First Amendment 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 First Amendment. Lessor, and not Lessee, shall pay the broker's
commission due in connection with this First Amendment.
All other terms of the Lease (and all Addenda thereto), where unmodified by this First Amendment, shall
remain unchanged and are incorporated herein by reference.
AGREED AND APPROVED:
LESSOR —1099 D Street, LLC
Signed on Z(v 2014
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By: • ��
T. Max Kniesche, III & Nancy A. Kniesche �n..
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LESSEE — City of San Rafael
Signed on DECEMBER 22ND 2014
at CITY OF SAN RAFAFI
By: / l/I, At- CM
NA'�ICY MACKLF/
Its:
Attest:
City Manager
C - /axKe
ESTHER C. BEIRNE, City Clerk
Approved As To Form:
a r -
ROBERT F. EPSTEIN, City Attorney
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