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Res 18-018RESOLUTION NO, 18-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING THE SIXTH AMENDMENT TO THE PARKING FACILITY LEASE BY AND BETWEEN THE CITY OF POWAY AND THE POWAY AUTO DEALERS ASSOCIATION, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY WHEREAS, the Poway Redevelopment Agency (the "Agency") and the Poway Auto Dealers Association (the "Lessee") entered into that certain "Parking Facility Lease," dated July 1, 2005 (the "Lease") by which Agency and Lessee establish the terms and conditions for use of a Parking Facility (the "Facility") on real property owned by the Agency located at 13875 Kirkham Way, Poway, California, and shown in the attached Exhibit A - Vicinity Map; WHEREAS, Agency and Lessee entered into that certain "First Amendment to Parking Facility Lease," dated November 20, 2007, in order to amend the Lease to make minor changes to the Lessee's requirement to provide security services at the Facility; WHEREAS, Agency and Lessee entered into that certain "Second Amendment to Parking Facility Lease," dated December 30, 2008, in order to amend the Lease to allow the City of Poway (the "City") and Agency to use space in the Facility for placement of a storage container housing the Red Cross emergency supplies; WHEREAS, Agency and Lessee entered into that certain "Third Amendment to Parking Facility Lease," dated April 9, 2010, in order to renew the Lease for an additional five years and authorize the sublease of spaces within the Facility, WHEREAS, Agency and Lessee entered into that certain "Fourth Amendment to Parking Facility Lease" dated June 28, 2011, in order to reduce the number of leased spaces to two -hundred and fifteen (215) parking spaces, which includes any subleased space; WHEREAS, on February 1, 2012, the Agency was dissolved by operation of law, and, pursuant to California Health and Safety Code section 37173 the City of Poway became the Successor Agency to the former Agency; WHEREAS, as a result of the action taken prior to the dissolution of the Agency on February 1, 2012, and in accordance with Health and Safety Code section 37173, the Leased Premises and the Lease were assigned to the Successor Agency to the Poway Redevelopment Agency (the "Successor Agency'), WHEREAS, the Fifth Amendment to Parking Facility Lease was necessary to amend the term of the Lease for an additional five (5) year period beginning July 1, 2015; WHEREAS, the City purchased the Facility from the Successor Agency in December 2016; WHEREAS, the City and the Lessee have mutually agreed to extend the term of the Lease and increase the amount of rent as shown in Exhibit B — Rent Schedule, WHEREAS, the Sixth Amendment to Parking Facility Lease is necessary to extend the term of the Lease through 2025, allow for two five-year options and increase the monthly rent; and Resolution No. 18-018 Page 2 WHEREAS, the extension of the Lease by the City and the Lessee is exempt from the California Environmental Quality Act (CEQA), pursuant to section 15061(b)(3) of the CEQA Guidelines, in that the lease of governmental property will not result in an impact on the environment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The foregoing recitals are true and correct and are a substantive part of this Resolution. Section 2: The City has received and heard all oral and written objections to the City's proposed extension of the Lease and increase of rent, and to other matters pertaining to this transaction, and (finding such objections to be without merit) all such oral and written objections are hereby rejected. Section 3: The City of Poway City Council hereby approves the Sixth Amendment to Parking Facility Lease pursuant to the Lease presented at this meeting. Section 4: The City Council hereby authorizes and directs the City Manager or designee to (i) take all actions and to execute any and all documents, instruments, and agreements necessary or desirable on behalf of the City, as approved by the City Manager and City legal counsel, including, without limitation, the Sixth Amendment to the Parking Facility Lease, to implement and effectuate the lease of the Facility by City to the Lessee, and to effectuate all other actions approved by this Resolution, including, without limitation, approving changes, implementations, or revisions to documents, instruments, and agreements as determined necessary by the City Manager or designee and approved by City Attorney, and (ii) administer the City's obligations, responsibilities, and duties to be performed pursuant to this Resolution and all documents, instruments, and agreements required by and for the lease of the Property by the City to the Lessee. Section 5: If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, then such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution. Section 6: The adoption of this Resolution is not intended to and shall not constitute a waiver by the City of any constitutional, legal or equitable rights that it may have to challenge, through any administrative or judicial proceedings, and any and all related legal and factual issues, and the City expressly reserves any and all rights, privileges, and defenses available under law and equity. Section 7: This Resolution shall take effect upon the date of its adoption. Resolution No. 18-018 Page 3 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 1 st day of May 2018. Steve Vaus, Mayor ATTEST: ��- Ngncy B euf Id, MC, City Clerk STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 18-018 was duly adopted by the City Council at a meeting of said City Council held on the 1st day of May 2018, and that it was so adopted by the following vote: AYES: CUNNINGHAM, GROSCH, LEONARD, MULLIN, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE Nahcy Kelufeld, CMC, City Clerk City of Poway Resolution No. 18-018 Page 4 Exhibit A — Vicinity Map 13875 Kirkham Way APN 325-501-02 Resolution No. 18-018 Page 5 Exhibit B - Rent Schedule • Rent for the Period of the Effective Date through June 30, 2025 shall be $3,200 per month. • Rent for the First Rent Renewal Period of July 1, 2025 — June 30, 2030 shall be $3,500 per month. • Rent for the Second Rent Renewal Period of July 1, 2030 — June 30, 2035 shall be $3,800 per month.