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SR 08-23-2011 3FCity Council Meeting: August 23, 2011 Agenda Item: 3"-~ To: Mayor and City Council From: Andy Agle, Director of Housing and Economic Development Subject: Lease Modification for 223 Broadway Recommended Action Staff recommends that the Council authorize the City Manager to negotiate and execute Modification No. 1 to Lease No. 8549 for 223 Broadway, with Third Street Limited, a California Limited Partnership, for the Big Blue Bus (BBB) transit customer information center, to modify the term, rental rate and rate for annual adjustments. Executive Summary The City leases retail space at 233 Broadway for the Big Blue Bus store. This first lease modification would extend the term of the lease to June 30, 2017, provide for an exclusive City-held right of cancellation after the fourth year, increase the rental rate retroactive to July 1, 2011, from $7,166.85 per month to $8,872.50 per month, and provide for annual increases of three percent. Background On January 24, 2006. the City Council authorized execution of a lease of 845 square feet at 223 Broadway for the Big Blue Bus transit customer information center (known as Blue: The Transit Store). The five-year lease, which expired on June 30, 2011, provides for five one-year options. The rent for each option is subject to separate negotiation. BBB uses the transit customer information center as its primary call center. Staff sells bus passes and merchandise and assists bus riders with trip planning. The store also serves as a central distribution site throughout the community for racks which hold bus schedules and other BBB information. The location, near the Third Street Promenade and adjacent to a bus stop, is convenient for customers. Each month, the Big Blue Bus store receives approximately 2,100 walk-in visitors and handles 6,300 telephone inquiries, generating annual sales of $1,100,000. At the time of the initial leasing, the City invested Big Blue Bus and Federal Transportation Administration Grant funds to complete substantial tenant improvements. The tenant improvements involved fiber cabling and installation of other information technology systems for the computer, server, phone and routing switches, as well as construction of a mezzanine that added approximately 300 sq. ft. to the leasehold. Discussion The existing lease, which expired on June 30, 2011, and is now on a month-to-month hold over, provides for five one-year options, with a new lease rate to be negotiated in each option period. The current rent is $7,166.85 per month ($8.48 per sq.ft.) The First Modification would increase the monthly rent to $8,872.50. This rental amount is based on a rate of $10.50 per sq.ft. for the original rental area of 845 sq.ft. The effective monthly rental rate based on the expanded area of 1,145 sq. ft. is $7.75 per sq. ft. The proposed lease would increase the rental amount three percent per year over the six- year term. The City would retain an .exclusive right to terminate the lease after the fourth year. The location is ideal for the Transit Store as it is near the Third Street Promenade and adjacent to a bus stop. The term is compatible with goals of the BBB to relocate the store within the next several years to a permanent location in a nearby Downtown transit-oriented development along the Exposition Light Rail corridor. Prior to concluding negotiations with the Landlord, staff evaluated a number of alternate locations to determine whether rental space could be obtained at a lower cost. The analysis showed that, even in locations with lower rent per square foot, the estimated cost to move the operation to a new location, construct tenant improvements in the new space, and pay the contracted holdover rent for up to the year that it could take to design and construct the tenant improvements, would offset any potential savings in monthly rent. Additionally, the City would lose the benefit of the tenant improvements made at the current site which are valued at over $1 million. Staff has concluded that it would be more cost effective and less disruptive to the Transit Store's operations to 2 remain at its current site for the next four to six years, rather than to relocate now to another temporary site and then again to a permanent location. Financial Impacts & Budget Actions During FY 2011-12, annual rent for 223 Broadway will be $106,470, an increase of $20,467.80 from the previous year. Over the six year term of this lease, the total cost including rent, Common Area Maintenance fees and repairs is estimated to be $831,679.65. Funds are available in Account No. 0410749.589000. Budget authority for subsequent years will be required in each biennial budget cycle for future Council approval. Prepared by: Miriam Mack, Economic Development Manager Forwarded to Council: Andy Agle, Director Rod Gould Housing and Econ mi evelopment City Manager 3 Reference Amended Lease No. 8549 (CCS)