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Home My WebLink AboutReso 78-06 Lease-Back 6500 Dublin Blvd. RESOLUTION NO. 78 . 06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ..*.....*.** APPROVING AGREEMENT WITH JAMES & ELINOR LANGE, SUSAN PLISSKIN, LAWRENCE PLlSSKIN, STEVEN & JUDITH GOLDMAN, AND GREEN BEAR, LLC, FOR THE LEASE-BACK OF A PORTION OF PROPERTY LOCATED AT 6500 DUBLIN BOULEVARD WHEREAS, on February 7, 2006, the City Council of the City of Dublin approved a Purchase and Sale Agreement for Real Property at 6500 Dublin Boulevard for the City's acquisition ofland in order to widen Dublin Boulevard in connection with the Dougherty Road Improvements ~ Houston Place to 1-580 project; and WHEREAS, as part ofthe negotIation, the owners of the suhject property requested being allowed to utilize the subject property until such time as the City requires physical possession of the subject property for tbe widening of Dublin Boulevard; and WHEREAS, the City Attorney's office recommended that this request be the subject ofa subsequent agreement; and WHEREAS, this Agreement allows the owners to lease-back the subject right-of-way from the City of Dublin for parking and other normal and appurtenant uses; and WHEREAS, the owners will maintain the area during the period of use (June 7, 2006, through July 31, 2006) and will insure the City from liability for the same period of time; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves the agreement with James & Elinor Lange, Susan Plisskin, Lawrence Plisskin, Steven & Judith Goldman, and Green Bear, LLC BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement, attached hereto as Exhibit "A." PASSED, APPROVED AND ADOPTED this 6th day ofJune, 2006, by the following vote. AYES. Council members Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart NOES' None ABSENT None ABSTAIN None A]: ~ '0~ Ity Clerk Reso No. 78-06, Adopted 6/6/06, Item 4.2 Page 1 of 1 AGREEMENT TO ASSIGN EXCLUSIVE RIGHT TO POSSESSION AND USE Whereas, Green Bear, a California Limited Partnership; Susan J Plisskin, Lawrence J. Plisskin; James E. Lange and Elinor J Lange, Trustees of the Lange Trust dated January 16, 1996, Steven Martin Goldman and Judith Lerer Goldman, Trustees of the Steven Martin Goldman and Judith Lerer Goldman Revocable Trust dated May 19, 1994; and Steven M. Goldman, Trustee ("Sellers") are the owners of certain real property located in the City of Dublin, California at 6500 Dublin Boulevard, Dublin, California and designated as Alameda County Assessor's Parcel No 941-0205-036 (the "Property"); Whereas, on February 7,2006, Sellers and the City of Dublin ("City") entered into a Purchase and Sale Agreement for a portion of the Property, as set forth on Exhibit A attached hereto and incorporated herein by this reference and hereinafter referenced as the "Subject Property", Whereas, City currently owns and has possession of the Subject Property as set forth in Exhibit A, Whereas, the Sellers wish to continue to remain in possession and use of the Subject Property until the Subject Property is required for construction of the City's Capital Improvement Program (CIP) Project No 96852, Dublin/Dougherty Road Improvements ("Project"); Whereas, the City desires to permit the Sellers to continue to use the property as it is currently used until such time the Subject Property is required for construction of the Project; NOW THEREFORE, in exchange for valuable consideration, which City hereby acknowledges receipt, City and Sellers mutually agree to the terms and conditions set forth herein. 1 City hereby assigns an exclusive right to possession and use of the Subject property to Sellers from June 1,2006 until July 31,2006. During this time, Sellers shall have the right to continue to use the Subject Property in the manner in which it is currently used, Le. parking No part of the Subject Property shall be used for a new and different purpose than that which it was used prior to the City's Purchase and Sale. 2. If Sellers fail to vacate the Subject Property by midnight July 31, 2006, City may seek a writ of assistance ex parte and/or other remedies as it may have under the law to obtain possession. 3 Seller shall maintain the Subject Property and improvements on same in a safe and clean manner - 1 ~ 4 During the period of the Assignment, Sellers shall acquire and/or continue to maintain in full force and effect any and all insurance policies and coverage they are required to have by law, including those which are in effect prior to the close of escrow, including without limitation the following: a. General Liability Insurance on ISO Form CG00011093 or an equivalent form, covering liability arising from premises, operations, independent contractors, personal injury, products completed. operations and liability assumed under any insured contract. The amount of the policy shall not be less than One Million Dollars ($1,000,00000), Single Limit Per Occurrence, issued by an admitted insurer, or insurers, as defined by the California Insurance Code. b. The General Liability Insurance shall name the City of Dublin, its officers, employees, and agents as "Additional Named Insureds.. c. The policy shall stipulate that this insurance will operate as Primary Insurance and that no other insurance effected by the City of Dublin, or other Named Insured, will be called on to contribute to a loss covered there under d Worker's Compensation and Employer's Liability Insurance for all employees of Sellers shall be maintained in strict compliance with State laws Employer's Liability Insurance limit shall not be less than One Million Dollars ($1,000,000.00). e. On all their personal property, Seller's improvements, and alterations in, on, or about the Subject Property, a policy of standard fire and extended coverage insurance, with vandalism and malicious mischief endorsements, to the extent of one hundred percent (100%) of the full replacement value. The proceeds from any such policy shall be used by Sellers for the replacement of personal property or the restoration of Seller's improvements or alterations. 5. Sellers shall furnish City with certificate(s) of insurance and with original endorsements effecting coverage required herein by this Agreement. The certificates and endorsements for each insurance policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. The certificates and endorsements are to be forwarded to the City's Risk Manager, Dublin, California prior to engaging in any operation or activity set forth in this Agreement. Failure to provide such certificate(s) and keep such certificate(s) updated will be considered a material breach of this -2- Agreement and will be grounds for termination of this Assignment. Said policies shall provide that no cancellation, change in coverage, or expiration by the insurance company or the insured shall occur during the term of this Assignment without thirty (30) days' written notice to City prior to the effective date of such cancellation or change in coverage. 6. Sellers expressly waive all rights against City and its agents, officers, directors, and employees for recovery of damages to the extent these damages are covered by the insurance maintained pursuant to this Agreement. 7. Sellers shall indemnify, defend, and hold harmless City, and City's agents, servants, employees, contractors and assigns, from and against any and all claims, causes of action, suits, or damages (including attorney's fees, costs, and expenses incurred in connection therewith) for death or injury to persons or for loss of or damage to property and the Subject Property arising out of or in connection with the use, possession and/or occupancy of the Subject Property by Sellers, their agents, servants, employees, contractors, assigns, invitees, or lessees. 8. This Agreement is not intended to create a landlord-tenant relationship between City and Sellers and City shall not be construed as conveying a leasehold interest. 9 Sellers understand and acknowledge that the City may be constructing the Project around the Subject Property prior to July 31,2006, including the undergrounding of utilities. Notwithstanding the above, Sellers expressly waive any and all claims, losses, damages, against the City, its agents, servants, employees, contractors, and assigns, that are caused by or result from Seller's possession and use of the Subject Property on or after June 7, 2006. 10 This Agreement may be executed in counterparts, each of which shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. DATED' June 7, 2006 City of Dublin Janet Lockhart, Mayor - 3 - Approved as to form. DATED' June _, 2006 City of Dublin By; City Attorney DATED' ,2006 Green Bear, a California Limited Partnership By h'1~ Sell DATED' ,2006 Susan J Plisskin Seller DATED' ,2006 Lawrence J Plisskin Seller DATED: ,2006 James E. Lange Trustee of the Lange Trust dated Janual)' 16, 1996 Seller - 4- Approved as to form. DATED: June _,2006 City of Dublin By: City Attorney DATED- ,2006 Green Bear, a California Limited Partnership By' Seller DATED- ,'5/1<;;, 2006 Susan J Plisskin ~;tfk p~f-L- Seller DATED' .2006 Lawrence J Plisskin Seller DATED: ,2006 James E. Lange Trustee of the Lange Trust dated January 16, 1996 Seller - 4- Approved as to form. DATED- June _,2006 City of Dublin By' City Attorney DATED- ,2006 Green Bear, a California Limited Partnership By' Seller DATED' ,2006 Susan J Plisskin Seller DATED: ,2006 Lawrence J Plisskin ---z- ;J~ Seller DATED' ,2006 James E. Lange Trustee of the Lange Trust dated January 16, 1996 Seller -4~ Approved as to form. DATED' June ,2006 City of Dublin By: City Attorney DATED' ,2006 Green Bear, a California Limited Partnership By: Seller DATED' ,2006 Susan J Plisskin Seller DATED' ,2006 Lawrence J Plisskin Seller s-1.~ DATED: C-.2006 e Lang Trust dated January 16, - 4- DATED: *, 2006 ElinorJ Lange ~ ated January 16, Trustee 1996 Seller DATED' ,2006 Steven Martin Goldman Trustee of the Steven Martin Goldman and Judith Lerer Goldman Revocable Trust dated May 19, 1994 Seller DATED' ,2006 Judith Lerer Goldman Trustee of the Steven Martin Goldman and Judith Lerer Goldman Revocable Trust dated May 19,1994 Seller DATED: ,2006 Steve Martin Goldman Trustee Seller 821861 - 5 - DATED' DATED' DATED' DATED: 821861 ,2006 Elinor J. Lange Trustee of the Lange Trust dated January 16, 1996 Seller ,2006 Steven Martin Goldman n Goldman and vocable Trust dated ,2006 Judith Lerer Goldman ,. 't... T tee of the Steven Martin Idman and J9,dith Lerer Goldman Revoca Ie Trust dated May 19,1994 Seller ,2006 Steve Martin Goldman 1;. - 5 - V FEE ACQUISITION t! ... ~ BASIS OF BEA~ / me: BEARING N 32'04-8'00' WEST, iHE MONUMENT LINE ON DOUGHERTY ROAD, BETW:EN FOUND MONUMENTS AS SHOWN ON '!HE MAP ENllTLED 'PARCEL MAP 1004-3" FILED. FOR RECORD ON SEPTEMBER 28, 1573 AND RECORDED IN BOOK 80 OF PARCEL MAPS AT I>AGE 29, IS USED AS '!HE BASIS OF BEARINGS FOR Tl1IS PLAT , DOC. NO. 2002598974 APN: 941-0205-009_0a ./1-1. ,~". . ~ 6J ''\'0 &"'0-'" ,.c4f \ ",'i' \ \ LANDS OF GREEN BEAR A CALIFORNIA LIMITED LIABILITY COMPANY PARCEL B JiJ7 M 5J IN : PARCEL ONE DOC. NO. 2001250985 APN: 941~0205~36 ~~B.kf =iia' . 4780 CHABOT DRIVE SUITE 1 04 PLEASANTON, CA 94588 825-396-7700 925-386-7799 (FAX) ra_r_"II'_rp~ ~1\.Q1E.~'.1J"D\oi.o.T~~ )t.A~~ fi,/E3.f~CI:l"\- 2!'\-~~~ F'l'l PIll /' ll= N 68'46'58" W 47.47' . "', 0'" ;..,"1 r'" _'" '" '" PARCEL 1 DOC. NO. 94258159 APN: 941-0550-009-11 :; FEE ACQUISIllON ,91.594 sq, ft, : 1,i.22 .acres : PARCEL A JiJ7 M 5J DOC' 2000076436 APN: 941-0205-37 PARCEL TWO EASEMENT FOR COMMON AREA OVER PARCEL A - lOT M 51 DOC. NO. 2001250985 LINE TABLE LINE SEARING L1 S 01 ' .. W L2 . . S' MODIFIED 5-9-06 FOR LEASE-BACK"" AGREEMENT (}..J Sub 'ect EXIIIBIT "A" DueL IN BLVD .-DOUGHERTY RD. WIDEN ING Job No. 20D160D2 By RL Dote 6/25/04 Chkd.CK SHEET 1 OF 2 s ..../;s... . '''''''J: C5 .,~ "-~C?) /' / ./ ..---:: op..'O ,\0 ./ dI- ~\.& /:. fa'O o~'l::~~ 'l;Jl< _, "':;-LV' ~\I> -./ ,\..1''''" v 0-'1' ~ ~'\y'0 4-W >0' t1 T ---- ~OO' / ./ ".. OOCIIl 02-598974 APN: 941-0205-009.,-08 ".. / --- ./ ~ 'f-~\) ----<'.\"~ "--<fJ6J / 'f9VV: '*',J,... ~ Q'IS \(j) ~~~, '?-f' :'1",1 '0'0 If" \0" ....... ----- --- FEE ACQUISIllON 9].59.... sq. ft. :l:: u.22 -acres ::I:: LANDS OP GREEN BEAR A CALIPORNIA LIMITED LIABILITY COMPANY C1 PARcEL E 101M 51 LINE TABLE LINE BEARIN"G L1 S 113'02" W L2 S 86'34'35" W CURVE TABLE RADIUS DELTA 12..00 3"2 '4-3" 100.00 17"21'9" 524.00 1'30' 3" 39.20 32"53'23" 50.00 35'39' 7" PARCEL ONE DOC. NO. 2001509S5 APN: 941-0205-36 CURVE C1 C2 C3 C4- C5 --- ---- -- 14.00' bUSt11v c ISIS' '>> OUIt1' Dt CD --- ---- ./ ./ / ./ \ ~ ~ ,,,'<> ,"~'<>'1.-i '" k~' '" '\ LENGTH 13.60' 32.70' LENGTH 29.50' 30.30' 21.66' 22.50' 31,12' --- --- --- .c,-q-o~ ':1.1 Sub )ectEXHffilT "A" DUell N BLVD.-DOUGHERTY RD. WI DENING Job No, 20016002 By RL. Ddte 6/24-/04 Chkd,CK SHEET 2 OF 2. ~BkF c In- "'I_/~ 4780 CHABOT DRIVE SUITE 104 PLOOANTON, CA 94588 925-396-7700 925--396-7799 (FAX) \.~l..'I"'lfI'DIIi.i:l!l.?\TI"n\t'l(Q",",...C,RF c N RFAl;:,g,m f>.....?y?m4 ?l4f..,ol~ P."~ pnT