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SR-913-000 (7) F:\ResourceManageShare\Redevelopment\RAND.OPAAmendment.05.10.05.Final doc Council Meeting: May 10, 2005 Santa Monica, CA TO: Chairperson and Redevelopment Agency FROM: City and Redevelopment Staff SUBJECT: Lease Agreement Extension between Agency and RAND; and Amendment to the Owner Participation Agreement between Agency and RAND INTRODUCTION This staff report requests that the Redevelopment Agency take the following actions: 1) authorize an extension to the Lease Agreement (Lease) with RAND to provide RAND additional time to complete demolition and remediation work; and 2) authorize an amendment to the Owner Participation Agreement (?OPA?) between RAND and Agency with regard to the payment of the $2.3 million due to RAND. BACKGROUND In 1999, the Redevelopment Agency authorized the negotiation and execution of an Owner Participation Agreement with the RAND Corporation for the purchase of 11.3 acres of land located west of Main Street, east of Ocean Avenue, and north of Pico Boulevard. Acquisition of this property advanced the goals and objectives of the Civic Center Specific Plan and the Earthquake Recovery Redevelopment Plan. Under the terms of the OPA, RAND must demolish its former buildings and perform abatement and remediation work before releasing the property to the 1 Agency. As part of the OPA, the Agency approved a Lease Agreement providing RAND use of the buildings from April 2000 through September 2005 including lease extensions as well as access to perform the demolition and remediation work. DISCUSSION RAND seeks a lease extension beyond the date included in the Lease Agreement because additional time is necessary to complete demolition and remediation work. To date, RAND has performed soils testing, abatement work, submitted its demolition permit application, and is preparing its bid package for the demolition work. RAND anticipates commencing demolition and remediation work by July 2005. This demolition and remediation work is estimated to take approximately 14 months to complete. The current lease with RAND expires on September 4, 2005. The proposed lease extension requires Agency approval. In conjunction with the extension, the Agency is requesting RAND deliver possession of two areas known as the North Lot and Pit Lot, prior to completion of the demolition work. These areas will be excluded from the proposed lease extension, as RAND will not need these areas to carry out its demolition work. Additionally, staff requests that the Agency approve an amendment to Section 307 of the OPA to reclassify a $2.3 million obligation of the Agency to RAND. The agreement currently requires the Agency to pay RAND $2.3 million for 2 demolition and remediation costs. The proposed amendment would entail restructuring the payment provision stipulated in Section 307, to become a payment attributed to acquisition costs rather than as a contribution toward demolition and remediation costs. This is consistent with the balance of the OPA, which make RAND solely responsible for demolition and remediation activities, and clarifies the fact that the Agency has no legal or procedural liabilities in connection with this work. This change will not increase the amount of money to be expended by the Agency under the OPA. BUDGET/FINANCIAL IMPACT There is no budget or financial impact associated with the proposed actions. RECOMMENDATION Staff recommends that the Agency: 1. Authorize the Executive Director to negotiate and execute an extension to the Lease Agreement with RAND, setting the expiration date as September 4, 2006; and 2. Authorize the Executive Director to execute an amendment to the OPA, Section 307, reclassifying payment of the $2.3 million the Agency owes to RAND. Prepared by: Jeff Mathieu, Director Resource Management Department Lyn Cacciatore, Deputy City Attorney Tina Rodriguez, Redevelopment Administrator Nia Tang, Senior Administrative Analyst Reference Contract No. 7641 (CCS) (lease) 3 Reference Contract No. 7639 (CCS) (OPA). 4