HomeMy WebLinkAbout2000-12-12 - AGENDA REPORTS - METROLINK LEASE AGMT EXTENSION (2)CITY OF SANTA CLARITA
AGENDA REPORT
City Manager Approv
Item to be presented
CONSENT CALENDAR
DATE: December 12, 2000
SUBJECT: LEASE AGREEMENT EXTENSION FOR COMMUTER RAIL
STATION SITE (METROLINK)
DEPARTMENT: Department of Planning and Building Services
ECOMMENDED ACTION
City Council direct the City Manager to enter into a four-month extension of the
lease agreement between the City and Santa Clarita, LLC for the Commuter Rail
Station Site (Metrolink) from December 31, 2000, to April 30, 2001, subject to City
Attorney approval.
BACKGROUND
On March 23, 1999, the City Council approved a Memorandum of Understanding
(MOU) between the City and Santa Clarita LLC, the owners of the Porta Bella
property. On April 13, 1999, the City Council approved a modification to the
existing Metrolink lease agreement, which extended the term of the lease for the
Commuter Rail Station Site (Metrolink). Under the original terms of the
Development Agreement between the City and the owner of the Porta Bella
property, the property owner would deed the property to the City upon the
recordation of their first subdivision or the City would purchase the Metrolink site
by April 21, 1999. Prior to the owner's dedication or City's purchase of the site, the
Development Agreement specified that the owner would leased the Commuter Rail
Station Site to the City for one dollar ($1.00) per year. Since the property owner
could not record the first subdivision by April 21, 1999, and funds were not available
for the City to purchase the site, a lease extension was requested and subsequently
approved.
The modification to the lease agreement extended the lease an additional four
months to August 21, 1999. The lease was extended a second time from August 21,
1999, to December 31, 1999, and a third time from December 31, 1999, to February
28, 2000. In February 2000, a fourth lease extension was granted to December 31,
2000. Throughout this process, City staff and the applicant have been negotiating
APP000YED Agenda Item:14
the terms of the Development Agreement amendment and other proposed changes to
the existing project.
As staff continues the entitlement process, a four-month lease agreement extension
for the Metrolink station is required. This extension would begin on December 31,
2000, and end on April 30, 2001.
ALTERNATIVE ACTIONS
1. Deny the lease extension
2. Other actions as determined by the City Council
FISCAL IMPACTS
No fiscal impacts are anticipated by the recommendation listed in this report.
ATTACHMENT
1. Fifth Amendment of Lease
LMH
s: \pbs \ council \metro5.doc
Fifth Amendment of Lease
This Amendment is dated as of , 2000 and is by and
between Santa Clarita, L.L.C., a Delaware limited liability company ("Lessor") and the
City of Santa Clarita, a municipal corporation ("Lessee").
Recitals.
1.1 Lessee and Lessor's predecessor in interest entered into that certain
Second Commuter Rail Station Site Lease with Option to Purchase dated as of April 21,
1996, as amended on March 31, 1999, June 22, 1999, December 20, 1999, and February
22, 2000 (collectively the "Original Lease") for premises used as a public passenger
commuter rail station (the "Premises").
1.2 The parties wish to extend the term of the Original Lease on the
terms and conditions more specifically set forth below.
1.3 Capitalized terms used herein shall have the meaning defined in
the Original Lease unless otherwise defined herein.
2. Extension. The tern of the Original Lease as hereby amended shall be
extended so as to expire on APRIL 30, 2001 unless the Lease is terminated earlier
pursuant to the provisions of the Lease.
3. Limitation on Amendment. Except as expressly provided herein, the
Original Lease shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as
of the day and year first above written.
Approved: City of Santa Clarita
By:
City Attorney Its:
Attest:
Santa Clarita, L.L.C.,
A Delaware limited liability company
By: Remediation Financial, Inc.
City Clerk Managing Member
By:
Myla D. Bobrow
President