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HomeMy WebLinkAboutE-11 Staff Report - Parking Lease - First AmendmentCONSENT ITEM E-11 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: MATT MARQUEZ, DIRECTOR OF ECONOMIC AND COMMUNITY DEVELOPMENT DATE: MARCH 16, 2020 SUBJECT: APPROVE THE FIRST AMENDMENT TO THE PARKING LEASE WITH BANK OF AMERICA, NATIONAL ASSOCIATION FOR THE SURFACE PARKING LOT LOCATED AT THE NORTHWEST CORNER OF FOOTHILL BOULEVARD AND ALAMEDA AVENUE BACKGROUND: On November 20, 2007 the Redevelopment Agency of the City of Azusa (“City”) entered into a Parking Lease (“Original Lease”) with Bank of America, National Association (“Bank”) for the surface parking lot located on the northwest corner of Alameda Avenue and Foothill Boulevard. The original lease contemplated the sale of the City property formerly known as Block 36 on the southeast corner of Azusa Avenue and Foothill Boulevard to Reg Azusa, LLC. Due to the economic downturn the proposed Reg Azusa Block 36 project did not proceed. Since then, the City has sold Block 36 to Azusa Block 36 LLC and therefore the City and the Bank desire to enter into the First Amendment to revise certain provisions of the Original Lease. The proposed actions approve a First Amendment to the Parking Lease with Bank of America, National Association. RECOMMENDATION: Staff recommends the City Council take the following actions: 1)Approve the First Amendment to the Parking Lease with Bank of America, National Association in substantially final form, subject to minor modifications as approved by the City Manager and the City Attorney; and 2)Authorize the City Manager to execute the First Amendment to the Parking Lease on behalf of the City. APPROVED CITY COUNCIL 3/16/2020 Approve First Amendment to the Parking Lease with Bank of America March 16, 2020 Page 2 ANALYSIS: The original lease contemplated the sale of the City property formerly known as Block 36 on the southeast corner of Azusa Avenue and Foothill Boulevard to Reg Azusa, LLC. The proposed project included a certain parcel of real property adjacent to the Bank which was used by its employees and customers leaving the bank with insufficient amount of parking. In order to address the Bank’s parking shortage, the City and the Bank negotiated a lease agreement that would lease the parking lot to the Bank during the construction of the Block 36 project. Due to the economic downturn the proposed Reg Azusa Block 36 project did not proceed. However, since then, the City has sold Block 36 to Azusa Block 36 LLC for the development of a mixed use project that includes the certain parcel of real property adjacent to the Bank. Therefore, the City and the Bank desire to enter into the First Amendment (Attachment 1) to revise certain provisions of the Original Lease. Such provisions include: clarification of the Commencement Date and Rent Commencement Date. The proposed actions approve a First Amendment to the Parking Lease with Bank of America, National Association. FISCAL IMPACT: The fiscal impact associated with the proposed recommendations will result in a Bank payment to the City in the amount of $800.00 per month, including any outstanding obligations to pay rent the Bank incurred prior to the effective date of the First Amendment commencing on August 1, 2019 for a period of (30) months or until the lease is terminated. The lease revenues will be deposited under account 10- 35-645-000-4412. Prepared by: Reviewed by: Carina Campos Matt Marquez Economic Development Specialist Director of Economic and Community Development Reviewed and Approved: Sergio Gonzalez City Manager Attachment: 1) First Amendment to Parking Lease – Bank of America Attachment 1