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Home My WebLink About2007 CON CDC Frank Motors - 2nd AmendmentSECOND AMENDMENT TO LEASE AGREEMENT BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY NATIONAL CITY AND FRANK MOTORS, INCORPORATED This Second Amendment, effective as of August 21, 2007, is made by and among the COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY ("LESSOR"), a community development commission and FRANK MOTORS, INCORPORATED, a California corporation ("LESSEE"). RECITALS A. On October 3, 2006, the Lessor and Lessee entered into a Lease Agreement ("AGREEMENT") for vehicle storage use on the real property located at 922 West 23rd Street in National City, CA, otherwise known as the National City Train Depot and whose legal description is attached to Agreement. B. On May 15, 2007, an Amendment to extend the lease for an additional ninety (90 days) was approved by the CDC to provide Lessee with additional time to seek an alternative means for vehicle storage. C. Since then, the City has approved a short term Lease and Temporary Use Permit (TUP) with Lessee for vehicle storage for another location on property owned by the Lessor (former RCP site located just south of the Keystone Trailer Park along National City Boulevard). D. Lessor and Lessee desire to extend the Agreement for an additional sixty (60) days to allow them time to prepare the RCP site for vehicle storage use, and to relocate their vehicles onto the new location. AGREEMENT NOW THEREFORE, the parties agree to amend the Agreement as follows: 1. Recitals. The forgoing recitals are true and correct and are incorporated herein by this reference. 2. Term. Section B3 on Page 1 of the Agreement is amended in its entirety to read as follows: 3. Term. The term of this Agreement shall be sixty (60) days beginning on the executed date of this Agreement. Lessee acknowledges that the use of the site is temporary and agrees to remove all vehicles from the site upon expiration of said Page 1 of 2 Second Amendment to Agreement Agreement. 3. No Other Modifications: Amendment Controls. Except as modified by this Amendment, the terms and conditions of the Agreement remain unchanged and in full force and effect. In the event of a conflict in the terms and conditions of the Agreement and this Amendment, the terms and conditions of this Amendment shall control. All references to the Agreement in any document shall be deemed to mean the Agreement as herein modified. IN WITNESS WHEREOF, this Amendment is executed by the parties, intending to be legally hound, as of the date first written above. Community Development Commission Of the City of National City Frank Motors, Incorporated By:yl� 11Mr�- Vice President APPROVED AS TO FORM: By: /7 k 2111P By: George Eiser, I11, CDC Attorney G.,'►Fenelli, General Manager Page 2 of 2 Second Amendment to Agreement ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID NM ):'RANK-4 OAT E(MMIDDPYYYY) 10/04/06 PRODUCER Murria & Frick Insurance 380 Stevens Ave., First Floor 'ana Beach CA 92075 .>ne:858-259-5800 Fax:858-259-6069 INSURED Frank Motors, Inc. Frank Motors Toyota Frank Motors Hyundai 2400 National City Blvd. NationalCity CA 91950 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE I NAIC # INSURER A New Hampahi re ; nsUrancv Cu. INSURERB Zenith Insurance INSURERc: Federal Insurance Company INSURER D. Underwriters at Lloyds INSURER COVERAGES THC POLICIES OF INSURANCE LISTED UELOW HAVE BEEN ISSUED TO I HE INSURED NAMED ABOVE FOR 111E POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WIT I1 HESPEC I TO WHICH THIS CERTIFICAI E MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POI ICIF.S DESCRIBED IILH,LIN IS SUBJECT TO Al I THE TERMS. EXCLUSIONS AND CONDITIONS Or SUCH POLICIES AGGREGATE LIMITS SIIOWN MAY HAVF BEEN REDUCED BY PAID CI AIMS. INSR ADO'l, POLICY NUMBER CTNE 1 UCY EXPIRATRSR- LTR NSRD TYPE OF INSURANCE - DATE (MM/DP/YY DATE MM/DO/YY X GENERAL LIABILITY I-- COMMERCIAL GENERALL LIABILI I Y ' CLAIMS MADE l OCCUR GEN'L AGGREGATE. LIMIT APPLIES PER: POLICY I —I JCCTn LUC AUTOMOBILE LIABILITY X X X X X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS DOC GARAGE LIABILITY ANY AUTO LIMITS EACH OCCURRENCE PREMISES (Fa necurence) MED CXP (Any one persuu) S PERSONAL 8 ADV INJURY $ GENERAI AGGREGATE $ PRODUCTS - COMPIOP AGG 01LX06553151 09/30/06 09/30/07 01LX06553151 B ANY PHOPRIETOR/PARTNCR/EXLCUIIVE OFFICER/MEMBER FXCLUDCO? If yes. desalbe undo, SPECIAL PROVISIONS below EXCESS/UMBRELLA LIABILITY X I OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ 79423850 09/30/06 09/30/07 COMBINED SINGI E 1 IMIT (Ea awdeol) $1,000,000 BODILY INJURY (Per person) BODII Y INJURY (Per accdent) PROPERTY DAMAGE (Per accident) AUTO ONLY - FA ACCIDENT OTHER THAN AUTO ONLY - FA ACC AGG 09/30/06 09/30/07 D D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OTHER Z066121903 07/01/06 EACH OCCURRENCE AGGREUATE X 07/01/07 F.I Auto Physical Dmg ADPD0117/06 09/30/06 09/30/07 Auto PD Excess ADPD0117/06XS 09/30/06 09/30/07 $1000000 $1000000 s3000000 $9,000,000 $9,000,000 S E $ WC STATU- TORY LIMITS OIH LR EACH ACCIDENT s1,000,000 E.I. DISEASE - EA EMPLOYEE S 1 , 000 , 000 F. I. DISEASE - POLICY LIMN $ 1,000 ,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS * 10 days for non-payment of premium. Community Development Commission of the City of National City, the City of National City, and their officers, agents, and employees are listed as additional insureds. Re: 720 West 23rd Street, National Ci.ty, CA. CERTIHCATEHOLDER Community Development Commission of National City 1243 National City Blvd National City CA 91950-4397 COMMUNI CANCELLATION SHOULD ANY OF I'HE ABOVE DESCRIBED POI ICICS BE CANCELLED BEFORE THE EXPIRATION DATE TIILREOF, THE ISSUING INSURER WILL LNDLAVOR TO MAIL 30 * DAYS WRITTEN NOTICE TO 1 HE CERTIFICATE HOLDER NAMLU 10 1 HE LEFT, BUT FAII URF TO 00 SO SHALL IMPOST: NO OBLIGATION OR LIABII ITY Or ANY KIND UPON THE INSURER, ITS AGI.N i S OR REPRESENTATNES. kiNizto We.RES ACORD 25 (2001/08) (,I ACORD CORPORATION 1988 RESOLUTION NO. 2007 — 205 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A SECOND AMENDMENT TO THE LEASE AGREEMENT WITH FRANK MOTORS, INC. FOR REAL PROPERTY LOCATED AT 922 WEST 23RD STREET WHEREAS, on October 3, 2006, Frank Motors and the Community Development Commission of the City of National City ("CDC") entered into a Lease Agreement for vehicle storage use on the CDC -owned parcel located at 922 West 23rd Street; and WHEREAS, on May 15, 2007, an Amendment to extend the Lease Agreement for an additional ninety (90) days was approved by the CDC to provide Frank Motors with additional time to seek an alternative site for vehicle storage; and WHEREAS, since then, the City has approved a short term Lease and Temporary Use Permit ("TUP") with Frank Motors for vehicle storage at another location on property owned by the CDC (former RCP site located just south of the Keystone Trailer Park located on National City Boulevard); and WHEREAS, Frank Motors is requesting another extension of the Lease Agreement for 922 West 23rd Street to allow them time to prepare the RCP site for vehicle storage use, and to relocate their vehicles onto the new location; and WHEREAS, the term of the Second Amendment shall be sixty (60) days beginning on the executed date of the Amendment. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute the Second Amendment to the Lease Agreement with Frank Motors for real property located at 922 West 23rd Street. Said Agreement is on file in the office of the City Clerk. ATTEST: PASSED and ADOPTED this 21st day of August, 7. on Morrison, Chairman ston, Secretary APPROVED AS TO FORM: a4t George H. Eiser, 111, Legal Counsel Passed and adopted by the Community Development Commission of the City of National City, Califomia, on August 21, 2007, by the following vote, to -wit: Ayes: Commissioners Morrison, Natividad, Parra, Ungab. Nays: None. Absent: Commissioner Zarate. Abstain: None. AUTHENTICATED BY: RON MORRISON Chairman, Community Development Commission ' Or Secretary, '^•"^ " Development Commission By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2007-205 of the Community Development Commission of the City of National City, Califomia, passed and adopted on August 21, 2007. Secretary, Community Development Commission By: Deputy City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE AIig,st 71, 7007 24 AGENDA ITEM NO. ITEM TITLE Resolution approving a Second Amendment to the Lease Agreement between Frank Motors, Inc. and the Community Development Commission (CDC) of National City for real property located at 922 West 23rd Street. in National City, CA, and authorizing the Chairman to execute said Agreement. PREPARED BY DEPARTMENT Xavier Del Valle, x4279 Redevelopment Division Senior Project Manager EXPLANATION On October 3, 2006, Frank Motors and the CDC entered into a Lease Agreement for vehicle storage use on the CDC -owned parcel located at 922 West 23rd Street in National City, CA, otherwise known as the National City Train Depot. On May 15, 2007, an Amendment to extend the lease for an additional ninety (90 days) was approved by the CDC to provide Frank Motors with additional time to seek an alternative means for vehicle storage. Since then, the City has approved a short term Lease and Temporary Use Permit with Frank Motors for vehicle storage for another location on property owned by the CDC (former RCP site located just south of the Keystone Trailer Park along National City Boulevard). However, Frank Motors is requesting for another extension of the lease for the 923 West 23rd Street site to allow them time to prepare the RCP site for vehicle storage use, and to relocate their vehicles onto the new location. The term of the proposed Second Amendment shall be sixty (60) days beginning on the executed date of the Amendment. Frank Motors acknowledges that the use of the site K...., is temporary, and agrees to remove all vehicles from the site upon expiration of the Agreement. / Environmental Review The proposed Agreement is exempt from CEQA review. Financial Statement Frank Motors shall pay the CDC rent in the amount of $1,860 per month for the site at 922 West 23rd Street. The rent shall he payable on the 15t of each month beginning on the executed date of the Agreement. Future rent for the new location (the former RCP site) shall he $6,334 per month. Lease proceeds shall he deposited into the project area fund for revitalization activities. ( STAFF RECOMMENDATION Adopt resolution approving a Second Amendment to the Lease Agreement between Frank Motors, Inc. and the Community Development Commission (CDC) of National City for real property located at 922 West 23rd Street in National City, CA, and authorizing the Chairman to execute said Agreement. BOARD / COMMISSION RECOMMENDATION SDERA, primary tenant of the Depot have been advised of the proposed Amendment, and is aware that the storage of vehicles is a short term arrangement. r I ATTACHMENTS Resolution No. a ° ° rl - 0 .1\ 1. Resolution 2. Second Amendment to Lease Agreement A-200 (9/80) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 September 4, 2007 Mr. Ron Fornaca Vice President Frank Motors, Inc. 2400 National City Blvd. National City, CA 91950 Dear Mr. Fomaca, On August 21, 2007, Resolution No. 2007-205 was passed and adopted by the Community Development Commission of National City, authorizing execution of a second amendment to the lease agreement with Frank Motors, Inc. We are enclosing for your records a certified copy of the above Resolution and a fully executed original second amendment to lease agreement. Sincerely, Michael R. Dalla, CMC City Clerk Enclosure cc: Community Development Commission ® Recycled Paper