City of Westlake Village November 13, 2013 Agenda Item: Consent Calendar No. 3 TO: FROM: SUBJECT: Mayor and City Council Raymond B. Taylor, City Manager AMENDMENT AND EXTENSION OF PARKING EASEMENT OVERVIEW This item involves the extension of an easement agreement for the reservation of ten (10) parking spaces in the City Hall parking lot for use by the property adjacent to City Hall to the west (across Oak Crest Drive). BACKGROUND On June 29, 1999, the City Council entered into an agreement with an adjacent property owner (then Corporate Spectrum, LLC) to reserve the use of ten (10) parking spaced in the City Hall parking lot for use by Corporate Spectrum's tenants or employees. In exchange for the use of these ten parking spaces, the property owner allows the City to utilize up to 200 of its spaces for special City events, and pays a token fee to the City. The current agreement expires on December 31, 2013. The Realty Associates Fund VII, LP has since purchased the property from Corporate Spectrum, and wishes to renew the agreement. FINDINGS AND ALTERNATIVES Staff and the Administrative Committee have reviewed this matter and determined that the renewal of the agreement is a perfunctory matter, which is beneficial to the City as well as the adjacent property owner. Therefore, staff and the Administrative Committee recommend the approval of the accompanying Amendment. FISCAL IMPACT Adoption of the attached amendment is not anticipated to significantly impact City revenues or expenditures. CEQA This item has been determined to be exempt from the provisions of the California CONSENT CALENDAR NO. 3
Environment Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines. RECOMMENDATION It is the recommendation of staff and the Administrative Committee that the City Council approve the accompanying Agreement Amendment. Should the City Council concur, the appropriate motion is as follows: MOTION: ROLL CALL: "I move that the City Council approve the Second Amendment to Grant of Easements and Agreement (Parking) with The Realty Associates Fund VII, LP, and authorize the Mayor to sign the document on the City's behalf." No Prepared by: Attachment: Scott Wolfe, A.l.C.P. Planning Director Second Amendment to Grant of Easements and Agreement (Parking) Consent Calendar 3 2 of 5
RECORDING REQUESTED BY: THE CITY OF WESTLAKE VILLAGE AND WHEN RECORDED MAIL TO: City of Westlake Village 31200 Oak Crest Drive Westlake Village, California 91361 No Recording Fee Exempt pursuant to Government Code 27383 space above this line for recorder's use SECOND AMENDMENT TO GRANT OF EASEMENTS AND AGREEMENT (Parking) This Second Amendment ("Second Amendment") to the March 10, 1999 Grant of Easements and Agreement (Parking) ("Agreement") executed by the City of Westlake Village, a municipal corporation (the "City") and Corporate Spectrum, LLC, a California limited liability company ("Spectrum") is made as ofnovember 14, 2013 by and between the City and The Realty Associates Fund VII, L.P., a Delaware limited partnership ("Realty") as successor to Spectrum. Capitalized terms included in this Second Amendment shall have the same meaning as capitalized terms in the Agreement unless otherwise defined herein. A. The Agreement was recorded in the Official Records of Los Angeles County, California on June 29, 1999 as document number 99-1191100. In general, the Agreement affords the City an evening and weekend parking easement on the Spectrum Property for up to 200 parking spaces, and affords Spectrum a daytime parking easement on the City Property for up to 60 parking spaces. B. On or about April 21, 2005, Realty purchased the Spectrum Property from Spectrum and assumed all of Spectrum's rights and obligations under the Agreement arising from and after such date. C. The City and Realty have executed an October 29, 2008 First Amendment to Grant of Easements and Agreement (Parking) ("First Amendment"), which was recorded in the Official Records of Los Angeles County, California on January 7, 2009 as document number 200900213 87. D. The Agreement will expire on December 31, 2013 unless the City exercises its renewal option. 1657786.1 - I of 3 - Consent Calendar 3 3 of 5
E. The City and Realty desire to extend the term of the Agreement. THEREFORE, in consideration of the foregoing Recitals, which recitals are incorporated herein by this reference, and of the easements and covenants contained in the Agreement, it is agreed as follows: 1. Amendment of Section 3. Section 3 of the Agreement is amended to read as follows: "3. Term. The term of this Agreement shall be twenty (20) years (the "Initial Term"), commencing on January 1, 1999 (the "Commencement Date"), and continuing to and including December 31, 2018 (the "Expiration Date"); provided, however, the Initial Term may be renewed or not renewed by the City at the City's sole discretion for two (2) successive five (5) year terms (each a "Renewal Term") (the Initial Term, together with the Renewal Terms, if any, are collectively referred to herein as the "Term"). Notwithstanding the foregoing, Spectrum may, upon sixty (60) days prior written notice, terminate this Agreement in the event Spectrum determines in good faith that the Spectrum Parking Area is not needed for Spectrum's business purposes." 2. Authority. The persons executing this Second Amendment on behalf of the City and Realty represent and warrant that they have the authority to execute this Second Amendment on behalf of the parties and that the parties have authority to enter into this Second Amendment. 3. Counterparts. This Second Amendment may be executed in counterparts. Each counterpart shall be deemed an original, and all counterparts shall be deemed the same instrument with the same effect as if all parties had signed the same signature page. 4. Preservation of the Agreement. Except as expressly modified or supplemented by this Second Amendment, all of the provisions of the Agreement (as amended by the First Amendment) shall remain unaltered and in full force and effect. If there is a conflict between the terms and conditions of this Second Amendment and the terms and conditions of the Agreement (as amended by the First Amendment), the terms and conditions of this Second Amendment shall control. IN WITNESS WHEREOF, the parties hereby execute this Second Amendment as of the date first written above. [Signatures follow] 1657786.1-2 of 3 - Consent Calendar 3 4 of 5
CITY: City of Westlake Village, a municipal corporation Philippa Klessig, Mayor Attest: Beth Schott, City Clerk Approved as to form: Richards, Watson & Gershon A Professional Corporation REALTY: The Realty Associates Fund VII, L.P., a Delaware limited partnership Realty Associates Fund VII, LLC its General Partner Realty Associates Advisors LLC, its Manager Realty Associates Advisors Trust, its Manager Officer 1657786.l - 3 of3 - Consent Calendar 3 5 of 5