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Home My WebLink About4.02 Acquisition 6500 Dublin Station CITY CLERK File # OIOJ[Q]OJ-[3]Ol AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 6, 2006 SUBJECT: Approval of Lease-Back Agreement lor Land in Right-Of-Way Acquisition at 6500 Dublin Boulevard (Dublin Station Commercial Center) Associated with thc Dougherty Road Improvements - Houston Place to 1-580 Project Report Prepared by Melissa Mur/un, Public Works Dir~ Resolution approving the Agreement to Assign Exclusive Rlght to Possession and Use, together with Exhibit "A," Agreement ATTACHMENTS: RECOMMENDATION: ~ ~ Adopt resolution approving Right to Possession and Use. tbe Agreement to Assign bxclusive FINANCIAL STATEMENT: The City recently acquired right-or-way at 6500 Dublin Boulevard for the Dougherty Road Improvements - Houston Place to 1-580 Capital Improvement Program (CIP) project. However, the City will not need to occupy tbe subjcet property before August 1, 2006. ThIs agreement will transfer the public liability for the City to tbe owners of the Dublin Station Commercial Center, as well as maintcnance of the subject parcel of land. 'Ibc owners are being required to provided liability insurance covering the City as also insured. DESCRIPTION: The City of Dublin recently purehascd a strip of land along the Dublin Boulevard frontage or the Dublin Station Commercial Center to be utilized for the widening of Dublin Boulevard in connection with the Dougherty Road Improvements - Houston Place to I-SIlO CIP proj cct. During tbe negotiations between the City and the Owners for this right-of-way acquisition, tbe owners of the Dublin Station Commercial Center inquired ifit would be possible to continuc using the area the City was acquiring until the lands were actually needed for the street widening work. The area has been used in the past for parking and, during one week per year, for placcmcnt of a fireworks booth. _~_~__.~W_~_W~._~._~____RW_________________________________________________________________________~w_.~_____ COPY TO: Owners, Dublin Station Page J of2 ITEMNO.~ G:\MISCPROJlDoughcrty Rd Imp - Hou~ton 10 I-'i8mR.ight ofWayIDublin Stntioll - Lange: c:t Ill\ilg~t ll:!lse-~..k .Igrnl u60606.ooe The City Attorney's Office recommended at the time of tbe land acquisition that the lease-back could go forward as a separate agreement, subject to Couneil approval. The agreement sbown as Exhibit "A" to the Resolution is the result oftbat discussion. It is Staffs belief that the executJon of tbis agreement is in tbe best intcrests of both parties, and tberefore recommends tbat tbe City Council adopt thc resolution approving the Agreement to Assign Exclusive Right to Posscssion and Use. Page 2 of 1 {rflA RESOLUTION NO - 06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING AGREEMENT WITH .lAMES & ELINOR LANGE, SUSAN PLlSSKIN, 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 Agrecrncnt for Real Property at 6500 Dublin Boulevard for the City's acquISI!1on ofland in ordcr to widcn Dublin Boulevard in connection with the Dougherty Road Improvements - Houston Place to 1-580 project; and WHEREAS, as part oftbe negotialIon, the owners oflbe subject property requestcd being allowed to utilize the subject property until such time as the City requIres pbysleal possession oftbc subject property for the widening of Dublin Boulevard; and WHEREAS, the City Attorney's office recommended thatlhls request be tbe subject or a subsequent agreement; and WHEREAS, tbIS Agreement allows lbe owners to lease-back the subject right-of-way from the City of Dublin for parking and otber nOIDlal and appurtenant uses; and WHEREAS, the owners will maintain the area during the period of use (June 7, 2006, througb July 31, 2006) and will insure tbe City from liability for the samc period of timc; NOW, THEREFORE, BE IT RESOI"VED that tbe City Council oftbe City of Dublin approves the agreement with Janles & Elinor Lange, Susan Plisskin, Lawrence Plisskm, Steven & Juditb Goldman, and Green Bcar, LLC BE IT FURTHER RESOLVED that the Mayor IS autborized to execute tbe agreement, attachcd hereto as Exhibit "A." PASSED, APPROVED AND ADOPTED tbIs 6lb day of June, 2006. AYES. NOES ABSENT ABSTAIN ATTEST Mayor City Clerk 4.;L 6/6/06 A-fl,aeJ-J rY1~nf { / or /)- 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 acknowiedges 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, i.e. 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 - EXHIBIT ~ To the Resolution 3<>(0- 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 CG00011 093 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 ($1,000,000 00), 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- 40{ I). 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 - sor 1-;). Approved as to form. DATED: June ,2006 City of Dublin By: City Attorney DATED' ,2006 Green Bear, a California Limited Partnership By' 1&9. I~ Sell DATED' ,2006 Susan J Plisskin Seller DATED' ,2006 Lawrence J Plisskin Seller DATED' ,2006 James E. Lange Trustee of the Lange Trust dated January 16, 1996 Seller - 4 - bot (:J- 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 ;}/wps~L- Seller DATED' ,2006 Lawrence J Plisskin Seller DATED: .2006 James E. Lange Trustee of the Lange Trust dated January 16, 1996 Seller - 4- 7oFf). Approved as to form. DATED: June ,2006 City of Dublin DATED' DATED' DATED' DATED' By' City Attorney ,2006 Green Bear, a California Limited Partnership By' Seller ,2006 Susan J Plisskin Seller ,2006 Lawrence J Plisskin ---z- ij~- Seller ,2006 James E. Lange Trustee of the Lange Trust dated January 16, 1996 Seller - 4- v 0 F IJ 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 James E. Lange e Lang Trust dated January 16. - 4- q () FI;)- DATED' 2f:L, 2006 Elinor J Lange ~ ated January 16, 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 Goidman 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 - /0 of fd DATED' ,2006 Elinor J Lange Trustee of the Lange Trust dated January 16, 1996 Seller DATED' ,2006 Steven Martin Goldman n Goldman and vocable Trust dated DATED' ,2006 Judith Lerer Goldman - .. /' . ';/1.(' ~ C 0 &It itL Tr tee of the Steven Martin G Idman and Jb'dith Lerer Goldman Revoca Ie Trust dated May 19,1994 Seller DATED' ,2006 Steve Martin Goldman 821861 - 5 " t! .... ( \~ FEE ACQUISITION / BASIS OF BEARINGS / !HE BEARING. N 32"48'00" WE:ST, \HE MONUMENT UNE ON DOUGHERTY ROAD. BETWEEN FOUND MONUMENl;; AS SffOWN ON iHE MAP ENil'TUD "p ARCEL MAP 1043" FILED FOR RECORD ON SEPTEMBER 28. 1973 AND RECORDED IN SOOK BO OF PA!lCEL MAPS AT PAGE 29. IS USED AS iHE BASIS Of BEARINGS F'OR lHlS PLAT DOC. NO. 2002598974 APN: 941-0205-009~08 ;~~.. B.kf ~m.' M!IlIlm B_II"IIf"'I'_r'~ ll:: N 88'46'58" W 47.'!-7' ~- 0'" ;.,"! ,N -"' o '" PARCEl 1 DOC. NO. 94258159 APN: 941~0550-009-11 ~'J.-i "I< . . 'lI <9 ....'0 6-~~'" ~C~ \ '<.-'" \ \ LAN OS OF GREEN BEAR A CALlFORNIA LIMITED UA81UTY COMPANY pARcEL B 107 M 5J FEE ACQUISITION .9,594 sq. fL ::I:: 0.22 ,Qc:rell :I: PARCEL A 107 M 5J OOCI- 2000076438 APN: 941-0205--37 PARCEL TWO EASEMENT FOR COMMON AREA OVER PARCEL A - 107 M 51 DOC. NO. 2001250985 LINE L1 L2 L.ENGiH 13.60' :3 .70' PARCEL ONE DOC. NO. 2001260965 APN: 941-0205-36 MODIFIED 5-9-06 FOR LEASE-BACK!\. AGREEMENT ':JO 4780 CKAEOT DRIVE SUITE 10<1- PLEo>SANTON. CA 94588 925-396-7700 925-3elS-7799 (Ft-:X) Sub' ect :j1:)(IJJBIT "A" ~ IN BLVD.-DOUGHERTY RD. WIDENING Job No 20016002 By RL Dote 6/25/04 Chkd.CK SHEET 1 OF 2 ~1\Wb{qP-'\.1i"O\tl~D:t~~ ~~~Ii:i VESI~OO'l- 2*4f>'~~ Pfoi f';Pl (1 T ---- ~OO' / ,/" DOCiI 02-598974 APN: 941 -0205-009-08 ./ /~ ,/ ,/ / "" ,/ ~'f-~\) ~,,~ /' fQO 6) ~ '(QV~ ~'J'''' ______ Q-J ...0"> .c. d=> . ,....,.";,... ~"~'r"'1' <;;<b ~ ...01 ........ FEE ACQUISITION oS' s C1 9.1.594 sq, ft, :I: ~~ u_22acres :I: ~. LANDS OF' GREEN BEAR ~ ~ C4 / / A CALIFORNIA LIMITED UABrLlTY COMPANY ,/ ,.---: <;,').\ &- ,\0 UNE /" R> O\'J.-~"", P AACEL E L1 /' 'O~ "'~c."~'\-l- J"" 'J J _/ . 1....'1--v...... '<-'Of' Ul .'v' 5 L2 ~. ",,'\ ,::,'0 4-vV 0' <<.,'1-- ----- ..- PARCEL DNE ooe. NO. 200150981; APN: 941-0205-;36 LINE TABLE BEARIN'G S 1;3'02" W S 86'34'35" W CURVE: TABLE RADIUS DELTA 12..00 23"- 100.00 17'21'29" 824.00 1'30'23" 39.20 32'53'23" 50.00 35'39' 7" -- CURVE: C1 02 C3 C4 C5 -- -- 14.00' DU1B1.1/v C 66' ,,. Ol1/i...,. "iDo: CD -- ----- ./ . . ~ ,,,'0 ti-"'O ').1- s <j "-..,,,. LENGTH 13.60' 32.70' LENGTH 29.50' 30 2 .66' 22,50' 31.12' -- --- --- r ~q _ Ok> -"i-? Sub led .EXHffiIT "A" DUell N BL VD ,-DOUGHERTY RD _ WI DENI NG Job No. 20016002 By RL Dote 6/24/04 Chkd,CK SHEET 2 OF 2 ~ ...-I~ ,4780 CHABOT DRIVE SUITE 104 PLEASANTON, CA 94586 925-396-7700 925-396-7799 (FAX) \'~Il1',D1nJD?...n_n"f1'II.~....rn,:'1l'"N. 'fIrAR,~ fr,,";;>,v?'C1J.4 ?14~<l9 PM PUT