HomeMy WebLinkAboutReso 94-06 Dublin Toyota Use of City Property
RESOLUTION NO. 94 - 06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING A LEASE AGREEMENT AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID AGREEMENT BETWEEN THE CITY OF DUBLIN AND HAMCOR, INC (dba
DUBLIN TOYOTA) FOR THE USE OF CITY PROPERTY AT THE TERMIN US OF DUBLIN
COURT FOR VEHICLE DISPLAY AND ASSOCIATED SITE IMPROVEMENTS
P A 05-053
WHEREAS, following the construction of Interstate 580, the County of Alameda agreed to accept
title to frontage and county roads from CALTRANS, and
WHEREAS, upon incorporation in 1982, the County of Alameda relinquished certain frontage
roads to the City of Dublin one of which was Dublin Court which terminates into the Dougherty Road on~
ramp to westbound Interstate 580; and
WHEREAS, Dublin Toyota has requested use of a portion of City property at the termmus of
Dublin Court for the purposes of vehicle display and associated site improvements; and
WHEREAS, an agreement between the City of Dublin and Hamcor, Inc (dba Dublin Toyota) has
been negotiated entItled "Lease Agreement Between the City of Dublin and Dublin Toyota for Property at
the Terminus of Dublin Court", a copy of which IS attached as E;o;hibit A, and
WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines
and City environmental regulations, require that certain projects be reviewed for environmental Impacts
and that environmental documents be prepared; and
WUEREAS, the project has been found to be Categorically Exempt from CEQA according to
CEQA Guidelines Section 15304, and
WHEREAS, a Staff Report dated June 6, 2006, incorporated herein by reference, described the
Project for the City Council and recommended approval of said Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby make the following findings and determinations:
There are unique circumstances applicable to the site including size, shape and location which
make the Project practical as follows: a) the site is approximately 2,000 square feet in area and
is Irregularly shaped due to Its proximity to the Dougherty Road on-ramp to westbound
Interstate 580; b) the site is not readily visible from major arterials or to the general public and
as such will not result in adverse visual impacts to the community nor will it aflect the health,
safety or general welfare of persons within the vicinity of the site; c) the site is physically
suitable for the display of a vehicle and associated site improvements including landscaping,
lighting, a low fence and concrete pad; and d) the adjacency of the site to the Dublin Toyota
Used Car lot creates a logical transitIOn to the Project site.
Reso No. 94..06, Adopted 6/6/06, Item 8.\
Page 1 of2
BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby approves the
Lease Agreement, attached as Exhibit A, and authorizes the City Manager to execute said Agreement
between the City of Dublin and Hamcor, Inc dba Dublin Toyota for the use of City property at the
terminus of Dublin Court for vehicle display and associated site improvements.
PASSED, APPROVED AND ADOPTED this 6th day of June 2006 by the following vote:
AYES:
Councilmembers Hildenbrand, Oravetz and Zika, and Mayor Lockhart
NOES:
Councilmember McCormick
ABSENT:
None
ABSTAIN: None
'/}'~--t ~~i7A)/
Mayor
ATI~:
_'. Q\\n^-~~
City Clerk
Reso No. 94.(J6, Adopted 6/6/06, Item 8.1
Page 2 of2
LEASE AGREEMENT BETWEEN
THE CITY OF DUBLIN AND DUBLIN TOYOTA
for Property at the Terminus of Dublin Court
THIS LEASE AGREEMENT ("Agrcement") is made effectivc 'db 2006 ("the Effective
Datc"), bctwccn thc City of Dublin ("City") and Hamcor, Inc., a Caht(lmia corporation, doing
blls10ess as Dublin Toyota ("Tenant").
RECIT ALS
A.
DlIhlin.
City has celiam rights in property at the terrmnlls of Dublin Court in the City of
B Dubhn Toyota dcsircs to use said premises for thc display of a vehIcle in
conjunction with the adjacent vehielc sales opcration.
C The parties deSIre to enter into this Lease Agreement with respect to said premises
III ac"ordance with the terms and conditions set forth hcrcin.
AGREEMENT
NOW, THEREFORE, it is mutually agreed by and between the partics as follows:
1 Premises. In consideration ofthe rent sct forth herein and thc faithful
perfOml,ll1Ce by Tenant ofthc other terms, covenants, agrcements, and conditions contained 10
this Agreement, City hereby leases to Tcnant and Tenant hercby leases from City that certain
property shown on Exhibit A ("Premises") .I,"' thc purpose of displaying a single vehlde. Tcnant
acknowledges that the Premiscs arc leased "as is" with rcspect to title, that thc Premises may bc
subject to certain public rights, and that its use of the Premiscs may be limited hy such public
rights.
2. Term of Lease. The term of this Lease is ten (10) years beginning on the
Effective Datc.
3 Use. The Premiscs arc leased to Tenant for the sole purpose of permitting the
display of a single vehicle.
4 lmprovemcnts. In conjunction with the vehicle (hsplay, Tenant may install thc
improvements (Illduding landscaping) ("the Improvemcnts") shown on plans submitted by
Alexander & Associates, lnc and thc landscape plans submitted by Kerri Landscapc Services,
dated received by the Planning Division on February 22, 2006, on file in the Community
Development Department ("the Improvement Plans"). Prior to commencement of construdlOn
of the lmprovcmcnts, a Final Landscape and Irrigation Plan prepared and stamped hy a State
licensed landscape architect or registered engllleer (which plan shall be gcnerally consIstent with
thc preliminary landscape plan preparcd by Kerri Landscapc Services, dated receivcd by the
Planning Division on February 22, 2006) shall be submItted for review and approval by the
DUBLIN TOYOTA LEASI.: AGREEMENT
797046.3
DRAfT Maruh 31, 200'
Community Development Dircctor At a minimum, the finalland~cape and irrigation plans shall
include: I) landscape plan~ with plant dctails, 21 irrigation working drawmgs with imgation
systm11 details, 3) detaib on water scrvicc arrangements and utilities, and 4) details on how utility
hoxe~/tran~tonners (if apphcable) will intcrfacc with landscape improvement~. To ~ubnl1t the
Final Land~cape Plan for approval, Tenant shall submit nine (9) sets of final Landscape and
Irrigation Plan~ to the Community Developmcnt Department.
5 Rent and Other Obl,gatl(lns of Par tics.
a. Tenant shall.
(I) Pay to City as rent 111 advancc on thc anniversary of the Effective
Date each ycar of this Lcase, without deduction, offset, prior notice or demand thc sum of one
thousand two hundred dollars ($1,200) in lawful money or the United Statcs. Thc rent shall be
paid to City at 100 Civic Plaza, Dublin, California 94508, or sllch other addrcss as shall be
designated in writing by City Tcnant's first rental payment ~hall he due upon is~uancc of the
grading/sitework permit or building pemlit for the lmprovcments, whichever occurs first.
(2) Comply with the use restrictions set forth in Exhibit B. Failure to
comply WIth the any o!'the use rcstrictions shall be deemed a material default.
6 Termination, City may telminatc this Lease Agreement hy providing three
hundred sixty-five (305) calendar days' writtcn noticc to Tenant. Upon such early tennination,
Tenant shall remove all improvements installed pursuant to this Lease Ab'Teemeut prior to the
366th day, and City shall refund any portion ofthe annual rental payment associated with the
penod of !1me f()llowmg tem11l1ation.
7 Additionallmnrovements, During thc tcrm of this Lease, Tenant may construct
additional improvements on the Premises only ,rthe City Council givcs its prior approval iu
writing of thc plans and spccifieations for such additl(lnallmprovemcnts (collectively, "the
Additions"). Upon their completion, the Additions shall he deemcd part of "thc Improvements."
8 Waste~ OUlet Conduct. Tcnant shall not commit, or ~ufrer to he committcd, any
waste upon the Premises, or any nUl~ance, or other act or thing which may disturb the qUIet
enjoymcnt of the propcrty owncrs in the vicinity
C) Utihties. Tenant shall pay for all utility service necessary to dcsign, install and
use the Improvements.
10 Repair Tenant shall, at its sole cost, keep and maintam the Premises, thc
Improvements, and everv part thereo r, 10 good order, condition, and repaIr
11 Damage and De~truction. In the event of destruction hy firc, ca~ualty or other
cause which ~hall render more than fifty perccnt (50%) ofthe Premises unusable, Tenant shall
have the option ofreconstructmg the Irnprovcmcnts, or terminating thIS Lease Agreemcnt.
Tenant shall provide City written nollce of it~ intention to reconstruct the Improvements within
UlJllLIN TOVOT'" LE"'S~: "'GRI!;I!;MENT
797046.3
2
DRAFT March31;20n6
60 days of such destruction. Failurc to provide notice to the City within such bme shall
automatically tenllinate this Lcase Agreement.
12. Compliance with Law and Applicable Rules and Regulations. Tenant shall, at its
sole cost and expense, comply with all of the requirements of all Municipal, State and Federal
authoritics now in force, or which may hercaftcr be in force, pertaining to the Premises and shall
faithfully obscrvc in the use ofthe Pre11lISeS all Municipal ordinances, and Statc and Federal
statutcs now in force or which may hereatler be in force. The judgment of any court of
compctent jurisdiction, or the admission ofTcnant in any action or procecding against Tenant
whcthcr City bc a party thereto or not, that Tenant has violated any such ordinance or statute in
the use of the Prcmises shall be conclusive of that fact as between Tenant and City
13 Abandonment of Premises, Titlc to ImDroven1ents. Tenant shall not vacate or
ahandon the Premiscs at any time during the term, and if Tenant shall ahandon, vacate, or
sUITender the Premises, or bc dispossessed bv process oflaw, or otherwise, any and all
structures, appurtenances and personal property placed upon the Premises by Tenant shall be
removed hy Tenant Wlthlll 30 days. Structures, appurtenanccs and personal property bclonging
to Tenant and left on the Premises longer than 30 days shaH he dcemcd to be abandoned ifthe
Tenant does not rcmove such personal property within 5 working days of rcceiving notj(Oe from
the City that such structures, appurtenances and personal property are going to bc treated as
abandoned by the City After such 30 day period, City may disposc of any structures,
appurtcnanccs and abandoned property in its sole discretion.
14 Assignmcnt or Subletting. Tenant shall not assign this Lease, or any interest
thercin, and shall not sublet the Premises or any part thereof, or any nght or privilege
appurtenant thereto, or suffer any other person (the agents of Tenant excepted) to occupy or use
the PremIses, or any portion thcreof, without th~ wntten consent of City One assignment,
subletting, occupation, or use by anothcr person or entity shall not be deemed to he a consent to
any subsequcnt assignment, sublettmg, o(Ocupation or use hy another person or entity Any such
assiglUnent or sublettmg without such consent shall be void, and shall, at the option of City, be
deemcd a matcrial breach ofthis Lease. This Lcase shall not, nor shall any interest th~rcin, be
asslgnahle as to the interest of Tenant, hy operation oflaw, without the written consent of City
15 Dcfault. In the event Tenant shall be in default III the pcrfOlman"~ of any
ohligation on Its part to bc performed under the terms ofthis Lease Ab'fecment, which default
continues !()r thIrty (30) days following notice and demand for correction thereof to Tenant, Citv
may exercise any and all remcdics available at law or 10 equity
It\ Indemnification. Tenant shall indemnify, defend, and hold City, its agents,
contractors, and employees hanlllcss from and against any and all loss, clmms, liability, damage,
expense, or cost (includmg without limitations costs of litigation and attorneys' fccs) City may
incur or becom~ liahle !()r or for which a claim is made by a third party, dllC to or arising out of
Tcnant's USIO' of tile PremIses or Tenant's construction, maintenance, or operation of the
lmprovcmcnts , unless caus~d by the negligence or willful misconduct of the City, its agents,
contractors, or employces.
DUBLIN TOYOTA LF:ASIC AURI!:EMENT
797046.3
3
DRAFT March 31,2006
17 Insurance. Tenant shall obtain and maintain in effect a combined single limit
policy ofliability insurance in an amount not less than Onc Million Dollars ($1,000,000)
covering Tenant's Improvemcnts and the use of the Premises, The policy shall namc the City as
an additional insured.
18 Attornevs' fees. If any action at lav. or in equity shall be brought to recover any
rent under this Lease, or for or on account of any brcach of or to enforce or interpret any of the
covenants, terms, or conditions ofthis Lease, or for thc rccovery of the possession of the
Premises, the prevailing pmty shall be entitled to recovcr from the other party as a part of
prcvailing party's costs, rcasonable attorneys' fees, the amount of which shall be fixed by the
Court and shall be made a part of any judgment rendered.
19 Tax Conscaucnces. Pursuant to Cahf{lrnia Rcvcnuc and Taxation Code Section
107.6, Tcnant is hcrcby advised that Tenant's possessory intercst in the Premises may he subjcct
to propcrty taxation, and Tcnant may be subject to the paymcnt of propelty taxes levied on such
intcrcst. Payment of all such taxes shall be the sole responsibility of Tenant.
20 Notices. All nohces to bc given to City and Tenant must bc givcn in writing
either personally or by depositing the saIne in thc Unitcd States mail, postage prepaid, and
addressed to City or Tenant at the addrcss below'
City
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Attn. City Manager
Dublin Toyota
6450 Dublin Court
Dublin, CA 945iiH
t\tlenhon: Prcsidcnt
Tenant:
21 yvaivcr The waiver hy City of any brcach of any term, covenant, or condition
shall not bc dccmcd to be a waiver of such tenn, covcnant, or condition or any subsequcnt breach
ofthc samc or any othcr tcrm, covenant, or condition. The subsequent acceptance of rent by City
shall not be decmcd to bc a waiver of any precedmg brcach by Tenant of any term, covenant, or
condihon of thIS Lease, other than thc failure of Tenant to pay the particular rent so ac<.:epted,
regardless of City's knowledge of such prcceding breach at tile time of acceptance of such rent.
22. PartJal Invahdltv If anyone or more of the tem1s, provisions, covenants or
conditions oftJlis l.ease shall to any cxtcnt be declared invalid, unenforccable, void or voidahle
filr any reason whatsoever by a court of competent jurisdIction, thc finding or order or decree of
whlch be<.:omes final, none of thc remaining tenns, proVISHl11S, COVCDants and conditions of this
Lease shall be affected thereby, and each provision ofthis Lease shall be valid and enforceable
to tJle full cst extent permitted by law
[EXECUTION PAGE l<'OLLOWS]
num.JN TOYOTA 1.EASf. AGRF:Ii:MF:NT
797046.3
4
DRAFT Mat'Ch .11, 21l()(,
IN WITNESS WHEREOF, the parties hereto have executed this Assignment Agreement
as of thc date and year first above written.
CITY OF DUBLIN
HAMCOR,INC_ld:b_U_ Onbtin rJ,
By' fh F' !i'9.1(/VU- /t:___
Name: Harold E. Cornelius
lts: Prcsidcnt
Richard Ambrose, City Managcr
Attest:
+~
.::i!;j!:. :.~#"
:i!!! t i! ~f f! >
}f;:\
.........
.......
Fawn Holman, City Clerk
Approved as to form.
)"
'-~\ 'a6,<"L 1-:; , ,c;, L-
Elizabeth Silver, City t\.tt(lmey
DUBLIN TOYOT ^ U<:ASJi: ACRt;EMENT
79704fl,3
5
DRAFT March ~ J 2006
E;o;hibit A
Diagram of Premises
797046.3
Exhibit B
Use Restrictions
1 Noise. No loudspeakers or amplified music shall bc permitted to project out of
the vehiclc on display nor shall any loudspeakers or amplified music bc used on the Premises.
2. Sales Activities Prohibited. No actlVities associated wIth vehiclc sales shall takc
place on the PremIses.
3 Prevention of Nuisance Activities. Tenant shall control all activities on the
project sitc so as not to create a nuisance to surrounding businesses.
4 Site Maintenance. Tenant shall be responsible for maintaining the site in a clean
and litter free conditIOn at all times.
5 Sign age Probibitcd. No signage (temporary or pennanent) shall be placed within
the approved vehIcle display area nor shall any signage (temporary or permanent) bc placed 111 or
on the vchicle on display
6. Vehicle Rotators/Lifts Prohibited. No vehicle rotator or lift shall be uscd at any
time to display thc vchicle.
7 Permits Required. Building permits are required for all electncal work.
R Standard Public Works Conditions of Approval. Tenant shall comply with all
applicable City of Dublin Public Works Standard Conditions of Approval. to the event of a
conflict between thc Public Works Standard Conditions of Approval and thcse use restrictions,
these use restnctlOns shall prevail.
q Improvemcnt Security. PLlrsuant to S7 161i20 of the Municipal Code, Tenant
shall obtam a Grading/Sitework Permit from the Public Works Department that govcrns the
installation of the Improvements. <\s a condition of issuance of Said permit, Improvement
Security shall be posted to guarantee the faithful perfonnancc of the permitted work. Such
secUlity shall bc in the fonn of cash, a certified or cashier's check, a lcttcr of credit, or a pennit
bond executed by thc Tenant and a corporate surety authorized to do business in Cahl()rnia. The
amount o!" thc sccurity will be bascd on the estimated cost of thc site work (excluding the
building). The applicant shall providc an estimate of these costs for City review with the first
plan submittal.
10. Improvement and Grading Plans. All improvement, grading and erosion
control plans submitted to the Public Works Department for revlewlapproval shall bc prepared in
accordance with the usc restrictions, and the City of Dublin MunicJpal Code including Chapter
716 (Grading Ordinance). The plans shall also reference the current City (!fDublin Standard
l'lans (booklet), and shall includc applicable City of Dublin Improvement Plan General Notes
(three R-I/2" x 11" pages). For on-site improvements, the Applicant/Developer shall adhere to
797046.3
the City's On-sile Checklist (eight R-1I2" xli" pages). All of these reference ducumcnts are
available from the Puhlic Works Departmcnt (call telephone 925-R33-6630 for more
information).
II. GradinglSitework Permit. All improvemcnt work must be perfomled per a
GradinglSitework Permit issued by the Public Works Department. Said permit will be hased on
the final set of civil plans to he approved once all of the plan check commcots have been
rcsolvcd. Plcasc refer to the handout htlcd Grading/Site Improvement Permil Application
lnstruclions and attached application (three R-lI2" x 11" pages) for more informahon. The
Tenant must til1m and return the applicant inf(mnation containcd on pages 2 and 3 The currcnt
cost of the permIt IS $10 00 due at the time of pernlit issuancc, although the Tenant will bc
responsible for any adopted incrcases to the fee amount.
12. Construction Noise Management Program/Construction Impact Reduction.
Dunng construction of thc Improvements or the Additions, the following measures shall bc taken
to reduce <.Oonstruction Impacts.
a. Off-site truck truftk shall bc routed as directly as practical to and from the
freeway 0-580) to the job sitc. Primary route shall he (rom 1-580 to Doughtery
Road. An Oversized Load Permit shall be obtained from the City prior to hauling
of any oversized loads on City streets.
b The construction site shall bc watered at regular intervals during all grad10g
activitics. The frequency of watering should increase if wmd speeds exceed 15
mil es pcr hour Watering should include all excavated and graded areas and
matenal to bc transported ot1~site. Use rceyclcd or other non-potable water
reSources whcrc feasible.
c Construction cquipment shall not he leU Idling while not in use.
d. Construction equipment shall be fitted with noisc muffling devices.
e. Mud and dust carried onto street surfaces by construction vchicles shall he
cleaned-up on a daily hasis.
f. Excavation haul trucks shall use tarpaulins or other effective covers.
g. Upon completion of construction, measures shall be taken to reduce wind erosion.
Replanting and repaving should be completed as soon as possible.
h. After grading is <.Oompleted, fugitivc dust on exposed soil surfaccs shall he
controlled using the f(lllowing mcthods:
i. inactive portlOnS of thc construction site shall he seedcd and watered until
grass growth IS evident.
11. All portions of the site shall be sufficiently watered to prevent dust.
111. On-sitc vehicle speed shall be hmitcd to 15 mph.
IV Use of pctrolcum-based palliatives shallmcct the road oil requirements of
the Air Quality District. Non-petroleum based tackificrs may be requIred
by thc City Engineer
1. The Department of Public Works shall handlc all dust complaints. The City
Engineer may requirc the services of an air quality consultant to advise the City
on the seventy of thc dust problem and additional ways to mitigate impact on
residents, including temporarily halting prOJect construction. Dust concerns in
79704~.3
adjoining communities as well as the City of Dublin shall be addressed. Control
mcasures shall bc related to wind conditions. Air quahty monitoring of PM levels
shall be providcd as required by the City Engineer
J- Construction intcrference with regional non-project traffic shall be minimized hy'
i. Scheduhng receipt of construction materials to non-peak travel periods.
n. Routing construction traffic through areas ofleast impact sensitivity.
111. Routing construction traffic to minimize construction interference with
regHlnal non-project traffic movement.
IV Limiting lanc closures and detours to off-peak travel periods.
'\; Providing ride-share incentives for contractor and subcontractor personnel.
k. EmIssions control of on-site equipment shall bc minimIzed through " routine
mandatory program oflow-emisSlons tune-ups.
I3 Landscape Maintenanee. Tenant shall 10stall and maintain all landscaping and
other plant matenals installed. The irrigation systcm(s) to servc these landscaped areas shall he
connected to the Tenant's private (lI1-sitc irrigation system.
14 Construetion Hours. Construction and grading operations shall be limited to
weekdays (Monday through Friday) and non-City holidays between thc hours of 7.30 a,m. and
6'00 p.m. TIle ApplicantlDevc!oper may rcquest pennission to work on Saturdays andlor
hohdays bctween the hours of 8.30 am and 5:00 pm by submitting a requcst fOilll to the City
Engineer no later than 5'00 pm the prior Wednesday Ovcrtime inspection rates will apply for all
S"turday and/or holiday work,
15 llamage/Repairs. Tenant shall be responsible for the repair of any damaged
pavement, curb & gutter, sidewalk, or other puhhc street hciJity resulting from construction
activities "ssociated with thc development ofthe projcct.
16 Permancnt Fencing. The Tcnant shall install and maintain all fencing as detailed
in the Improvement Plans.
17 Photometric Plan. Light10g in the dIsplay area shall meet current City of Dublin
Non Rcsidential Sccurity Ordinance reqLl1rements. A point by pomt photometric plan shall be
submittcd with the final landscape plans.
18 Theft Prevention Program. Tenant shall work with the Dublin Police
Departmcnt on an on-going basis to cstablish an cffective thcft prevention program for the site.
19 Business Site Emergency Responsc Card. Tenant shall complcte an updated
"Busmess Site Emergcncy Response Card" and submit It to Dublin Police Services.
20 Graffiti. Tenant shall keep the sitc clear of graffiti vandalism at all bmcs.
21 Requiremcnts ofthe Duhlin San Ranulll Services District.
797048_3
a. Tenant shall comply with all applicable Standard Conditions as required by
Dublin San Ramon Services D'strict ("DSRSD").
b Prior to issuance of any building permit, complete improvement plans shall bc
submittcd to DSRSD that conform to the requircmcnts of the Dubhn San Rmnon
Services District Code, the DSRSD "Standard Proccdures, Specifications and
Drawings for Design and Installation of Water and Wastewater Facilitics", all
applicahle DSRSD Master Plans and all DSRSD policies.
e. Prior to issuance by thc City of any Building Pennit, all utility connection fecs,
plan checking fees, inspection fees, permit fees and fees associated with a
wastcwater discharge permit shall be paid to DSRSD in accordance with the rates
and schedules estahlished in the DSRSD Code.
d. No sewer line or waterline construction shall be permittcd unless the proper utility
construction permit has been issued hy DSRSD A construction permit will only
be issued after all of the items in condition CJ have been satlstied.
e. TI,e applicant shall hold DSRSD, its Board of Directors, commissions,
employees, and agents of DSRSD harmless and indemnify and defend the same
from any litigation, claims, or fines resulting from the construction and
completion of the project.
797046.3