HomeMy WebLinkAbout2015-08-25 - AGENDA REPORTS - LEASE TEMP FIRE STATION 104 (2)Agenda Item: 4
DATE: August 25, 2015
SUBJECT: AUTHORIZATION TO EXECUTE A THIRD AMENDMENT TO
THE GROUND LEASE FOR TEMPORARY FIRE STATION 104
DEPARTMENT: City Manager's Office
PRESENTER: Frank Oviedo
RECOMMENDED ACTION
City Council:
I . Authorize the City Manager or designee to execute, on behalf of the City, a Ground Lease
Agreement for a three year term, with the County of Los Angeles in the amount of $ 1. 00 per
year for approximately two acres of land to be used by the Los Angeles County Fire
Department for the purpose of housing temporary Fire Station 104 on real property located at
26201 Golden Valley Road, subject to City Attorney approval.
2. Authorize the City Manager or designee to execute a one-year renewal option if needed,
subject to City Attorney approval.
BACKGROUND
The Los Angeles County Fire Department desires to continue leasing approximately two acres of
land located at 26201 Golden Valley Road, just south of the intersection of Golden Valley Road
and Centre Pointe Parkway, as a temporary location for Fire Station 104. The original lease
agreement was authorized by the City Council on June 27, 2006, and allowed for a three-year
term. A second lease agreement for a two-year term was authorized by the City Council on
July 14, 2009. In 2012, an amendment to the second ground lease agreement extended the term
of the lease until September 30, 2015. This item seeks approval of a third amendment to the
second ground lease, allowing the Fire Department to continue use of the property.
Per Section 65402 of the Government Code for the State of California, the Director of
Community Development has found that the leasing of this parcel of City -owned property for a
temporary fire station is consistent with the City's General Plan.
This lease with Los Angeles County (County) will be for a three-year term, commencing
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I Packet Pg. 26
October 1, 2015, and expiring on September 30, 2018, unless sooner terminated or further
extended as provided in the Lease Agreement. The County will pay the City $1.00 per year for
the land lease. The Fire Department will continue to be responsible for all costs required for the
operation and maintenance of the temporary station. Upon termination of the lease, the Fire
Department will be responsible for all costs to restore the site to its original form if any such
work is requested by the City upon final termination of the lease agreement. If needed, the City
and the County may agree to a one-year extension of the lease.
ALTERNATIVE ACTION
Other action as determined by the City Council.
FISCAL IMPACT
The Los Angeles County Fire Department will be responsible for paying all costs involved in the
maintenance of the temporary fire station and for removing the temporary fire station once the
permanent fire station is completed.
ATTACHMENTS
Ground Lease for Fire Station 104 signed by the County of Los Angeles, July 2015 (Available in
the City Clerk's Reading File)
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I Packet Pg. 277
AGREEMENT AND THIRD AMENDMENT REGARDING GROUND LEASE
(TEMPORARY FIRE STATION 104 — SANTA CLARITA)
This Agreement and Third Amendment Regarding Ground Lease (the "Agreement") is
entered into as of this day of 2015, by and between THE CITY OF SANTA
CLARITA, a municipal corporation, hereinafter referred to as the Lessor, and the COUNTY
OF LOS ANGELES, a body politic and corporate, hereinafter referred to as the Lessee, who
agree as follows:
1. Recitals. This Agreement is made with reference to the following facts and
circumstances:
(a) Lessor and Lessee are parties to that certain Ground Lease for Temporary Fire
Station 104, dated August 15, 2009 (the "L ease").
(b) The term of the Lease originally expired on August 14, 2011. However, the
parties entered into an Agreement and Amendment Regarding Ground Lease, dated June 15,
2011 (the "Agreement and Amendment"), to extend the term through September 30, 2012, and
(c) The parties entered into Agreement and Second Amendment (the "Second
Amendment"), dated September 25, 2012, to extend the term through September 30, 2015, and
the parties now desire to provide for the further extension of the term of the Lease as provided in
this Agreement.
(c) The parties also desire to amend the Lease as provided in this Agreement.
2. Extension of Term. Provided that the Lessee is not then in default under the Lease, the
term of the Lease shall be extended for a period of three (3) years, commencing October 1, 2015.
As so extended, the term of the Lease will expire on September 30, 2018, unless sooner
terminated or further extended as provided in the Lease.
3. Amendment. The Lease is hereby amended to add the following to Section 2 TERM of
the Lease:
(a) Prior to September 30, 2018, Lessor and Lessee may, but are not obligated to, enter
into a mutually satisfactory written extension agreement for a one-year extension of
the term of this Lease, which extension would commence October 1, 2018.
(b) Lessee has the right at any time to terminate the term of this Lease upon not less than
60 (sixty) days prior written notice to the Lessor.
(c) Lessor has the right at any time to terminate the term of this Lease upon not less than
60 (sixty) days prior written notice to the Lessee.
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4. Lease Remains in Effect. Except as amended by this Agreement, the previous
Agreement and Amendment, and Second Amendment, copies of which are attached hereto, the
Lease remains unmodified and in fall force and effect.
5. Definitions. Capitalized terms used but not otherwise defined herein have the meanings
given to them in the Lease.
6. Counterpart Execution. This Agreement may be executed in several counterparts, each of
which is an original, but all of which together constitute one and the same instrument.
COUNTY OF LOS ANGELES
a body corporate/a—Ad politic
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C14PRISVI�'4�R M, MONTANA
Director Of Real Estate Division
APPROVED AS TO FORM:
INTERIM COUNTY COUNSEL
MARY C. WICKHAM
1101,
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D�puty
CITY OF SANTA CLARITA:
M
Kenneth W. Striplin
City Manager
APPROVED AS TO FORM:
BURKE, WILLIAMS & SORENSEN, LLP
M -
Joseph M. Montes
City Attorney
LA #4815-2055-4248 v1
ATTEST:
DEAN C. LOGAN
Registrar-Recorder/County Clerk
of the County of Los Angeles
By: - I "
4q�
Deputy County Clerk
ATTEST:
M
Kevin Tonoian
City Clerk