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SR 12-19-2023 5G City Council Report City Council Meeting: December 19, 2023 Agenda Item: 5.G 1 of 6 To: Mayor and City Council From: Rick Valte, Public Works Director, Public Works, Airport Subject: Approval of Lease Renewal with Snap Inc. for Property Use and Approval of Agreement Modifications with CRG and with Aeroplex for Commercial Real Estate Broker Services Recommended Action Staff recommends that Council: 1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities), of the California Environmental Quality Act (CEQA) Guidelines. 2. Authorize the City Manager to negotiate and execute a Lease extension with Snap, Inc. dba (“Snap”) for general office and administrative uses and storage of personal property. Located at 2772-2800 Donald Douglas Loop North (“DDLN”) and 3000 31st Street. 3. Authorize the City Manager to negotiate and execute a first modification to professional services agreement 11419 (CCS) in the amount of $2,259,094 with Corporate Realty Group (“CRG”) for commercial real estate broker services associated with these negotiations. This would result in a 5-year amended agreement with a new total amount not to exceed $3,423,897 with future year funding contingent on Council budget approval. 4. Authorize the City Manager to negotiate and execute a first modification to professional services agreement 11381 (CCS) in the amount of $211,144 with Aeroplex Group Partners for commercial real estate broker services associated with these negotiations. This would result in a 5-year amended agreement with a new total amount not to exceed $2,617,236 with future year funding contingent on Council budget approval. Summary Snap Inc. (“Snap”) is the City’s tenant at the Santa Monica Airport. Snap has two leases at the Airport consisting of 119,800 rentable square feet (“RSF”) of commercial office, hangars, and parking spaces located at 2772-2800 Donald Douglas Loop North (“DDLN”) and at 3000 31st Street. Snap proposes to extend its current leases which 5.G Packet Pg. 296 2 of 6 expire on February 28, 2026. The proposed extension would combine the two leases into one lease covering both premises and would include an initial term of 10 years and one month with two early termination intervals (after the 5th and 7th years) where Snap could terminate the agreement without cause. Under the proposal Snap would have two consecutive 5-year renewal options that Snap can exercise at its discretion to extend the initial 10-year term. Upon Snap’s exercise of an option, the agreement rental rate for that 5-year period shall be adjusted and priced at market rate. In essence, the proposed extension would extend Snap’s tenancy with the City to at least March 31, 2031, with the possibility—should Snap not terminate the agreement early and also exercise both 5-year options—of tenancy lasting until March 31, 2046. Because the term of this proposed new lease would extend beyond December 31, 2028, it falls outside the parameters set forth in the current Airport Leasing and Licensing Policy (Attachment A) and thus requires City Council approval. Securing the proposed lease extension aligns with the City’s priorities of economic recovery and ensuring a healthy enterprise fund for future years. The proposed lease extension with Snap, Inc. would generate an estimated $49.4 million over the initial 10 year and one month term. Corporate Realty Group (CRG) is the City’s current real estate broker for non-aviation properties at the Airport. Aeroplex Group Partners (AGP) is the City’s property manager and commercial real estate broker for aviation properties. Both CRG and AGP would provide brokerage services for the proposed lease extension.  A first modification to agreement 11419 with CRG and a first modification to agreement 11381 with AGP is recommended by staff in order to provide for the required additional commissions associated with the proposed new lease including Snap’s broker’s commission. Discussion Lease Terms and Conditions Snap seeks to extend their leases that expire on February 28 th, 2026, consisting of 119,800 rentable square feet (“RSF”) of commercial office, hangars, and parking spaces located at 2772-2800 Donald Douglas Loop North (“DDLN”) and 3000 31st Street. The 5.G Packet Pg. 297 3 of 6 City and Snap would finalize negotiations and execute a new combined lease agreement for both properties and based on the following proposed terms and conditions. • The proposed term for the new lease is for 10 years and one month, with two five-year options to extend the agreement, to be exercised consecutively if at all. • During the initial term of the agreement Snap would have two early termination options (after the 5th and 7th years) for the entire premises or a portion thereof, with both options subject to Snap providing the City with written notice 12 months prior to early termination. Snap would be responsible to pay the City for the unamortized rental abatement and brokerage commissions for the premises being terminated. • Base Rent shall be abated for the first month of each year of the initial lease term for a total of (10) months. • The proposed annual rent for the first year of the lease including parking fees and the one-month rental abatement would be $3,533,713. This rental rate is reflective of the current state of the commercial real estate market and soft demand for office space of this size. • Base monthly rent shall increase three percent per year. • Snap would have a preferential right to lease and a right of first refusal for properties that are directly adjacent to their current leasehold including the ability to sublease properties at or below the rate charged by the City. • Snap proposes to make improvements and upgrades to City Buildings in exchange for rental credits. The proposed upgrades include but are not limited to 1) upgrades to their interior elevator bay for 2772 Donald Douglas Loop North building; 2) replacement of hangar door motors for 3000 31st Street building; 3) replacement of selected HVAC units; 4) repair and/or replacement of boilers; and 5) upgraded landscaping design aesthetics. All work to be undertaken by Snap shall be completed prior to February 28, 2026. 5.G Packet Pg. 298 4 of 6 Modification to CRG Agreement On September 26, 2023, the City executed professional services agreement 11419 with CRG for a total contractual amount not to exceed $1,164,803.00 over five years. Under this agreement, CRG provided the City with commercial real estate brokerage for the proposed Snap lease agreement extension. Should the proposed lease extension be approved and executed, the real estate commission fee due to CRG is estimated to be $526,376 based on commission rates consistent with CRG’s agreement for term lease extensions of 2% for years 1-5 and 1% for years 6-10. This amount is $181,415 higher than anticipated at the time of the original contract. In addition, a $2,077,680 commission to Snap’s broker (Cushman & Wakefield) would be paid by CRG on behalf of the City, as per CRG’s obligations under its agreement with the City. Therefore, a first modification of the City’s agreement with CRG would include both the delta for CRG’s commission for representing the City ($181,415) and the commission for Snap’s broker ($2,077,680), for a total modified amount of $2,259,094. These new commission amounts would exceed the current contract threshold. Therefore, staff recommends a first modification to the agreement with CRG to increase its compensation by $2,259,094 for a new total amount not to exceed $3,423,897 over five years. Modification to Aeroplex Agreement On April 25th, 2023, the City Council awarded agreement 11381 to Aeroplex to provide aviation property management, broker, and consulting services for City-owned properties at the Santa Monica Airport. The agreement is for a total amount not to exceed $2,406,092 over five years. Along with CRG, Aeroplex has provided commercial real estate brokerage services to the Airport for the proposed lease agreement extension with Snap. Should the proposed lease extension be approved and executed, the real estate commission fee due to Aeroplex is estimated to be $211,144 , consistent with the terms of its agreement with the City, which calls for a 1.5% commission for term lease expansions. This commission amount would exceed the current contract threshold; therefore, staff recommends a first modification to agreement 11381 with Aeroplex to increase compensation by $211,144 for a new total amount not to exceed $2,617,236 over five years. 5.G Packet Pg. 299 5 of 6 Environmental Review The proposed lease is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15301 of the CEQA Guidelines. Section 15301 provides Class 1 (existing facilities) exemption for projects that consists of the operation, repair, maintenance, leasing, licensing, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the existing or former use. The lease would not result in any significant modifications to the existing space at 2772-2800 Donald Douglas Loop North (“DDLN”) and 3000 31st Street. Therefore, the lease is categorically exempt as set forth in Section 15301 of the CEQA Guidelines. Past Council Actions Meeting Date Description 8/14/2018 (Attachment A) Santa Monica Airport Leasing and Licensing Policy 9/26/2023 (Attachment B) Authorize PSA Agreement to Corporate Realty Group, Inc. for Commercial Real Estate Broker Services at the Santa Monica Airport following RFP process 4/25/2023 (Attachment C) Authorize Agreement to Aeroplex Group Partners, LLC for Commercial Real Estate Broker Services at the Santa Monica Airport following RFP process 5.G Packet Pg. 300 6 of 6 Financial Impacts and Budget Actions Staff seeks authority to approve available funding from the Airport Fund to increase the amount of agreement 11419 with the CRG and agreement 11381 with Aeroplex for commercial real estate leasing services. Agreement Modification Request Agreement # Current Authorized Amount FY 2023-24 Request Amount Dept Account # Total Revised Contract Amount 11419 $1,164,803 $2,259,094 57500001.552010 $3,423,897 11381 $2,406,092 $211,144 57500001.552010 $2,617,236 Future year funding is contingent on Council budget approval. Prepared By: Ria Valas, Real Estate Project Manager Approved Forwarded to Council Attachments: A. August 14, 2018 Staff Report (Web Link) B. September 26, 2023 Closed Session Item 3.D (Web Link) C. April 25, 2023 Staff Report (Web Link) D. Oaks Initiative Form - Aeroplex E. Oaks Initiative Form - CRG 5.G Packet Pg. 301 5.G.d Packet Pg. 302 Attachment: Oaks Initiative Form - Aeroplex [Revision 1] (6099 : Snap Inc. Lease Renewal, Modification of Agreement with CRG, Modification of 5.G.d Packet Pg. 303 Attachment: Oaks Initiative Form - Aeroplex [Revision 1] (6099 : Snap Inc. Lease Renewal, Modification of Agreement with CRG, Modification of 5.G.e Packet Pg. 304 Attachment: Oaks Initiative Form - CRG [Revision 1] (6099 : Snap Inc. Lease Renewal, Modification of Agreement with CRG, Modification of 5.G.e Packet Pg. 305 Attachment: Oaks Initiative Form - CRG [Revision 1] (6099 : Snap Inc. Lease Renewal, Modification of Agreement with CRG, Modification of