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File #: 25-807    Version: 1
Type: Amendment Status: Passed
File created: 5/2/2025 In control: City Council
On agenda: 6/4/2025 Final action: 6/4/2025
Title: Staff recommends that the City Council approve Amendment 1 to Property Lease Agreement with Rock Gate Capital, LLC dba 160 Driving Academy to extend the term of the agreement for an additional two years for use of a portion of the City-owned land located at 1280 Rancho Del Oro Drive with total revenue of $217,710; and authorize the City Manager to execute the amendment upon receipt of all supporting documents.
Attachments: 1. Staff Report, 2. Amendment 1

DATE:  June 4, 2025

 

TO:                       Honorable Mayor and City Councilmembers

 

FROM: Public Works Department

TITLE:  AMENDMENT 1 TO PROPERTY LEASE AGREEMENT WITH ROCK GATE CAPITAL, LLC, DBA 160 DRIVING ACADEMY, FOR PORTION OF LAND LOCATED AT 1280 RANCHO DEL ORO DRIVE

 

RECOMMENDATION

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Staff recommends that the City Council approve Amendment 1 to Property Lease Agreement with Rock Gate Capital, LLC dba 160 Driving Academy to extend the term of the agreement for an additional two years for use of a portion of the City-owned land located at 1280 Rancho Del Oro Drive with total revenue of $217,710; and authorize the City Manager to execute the amendment upon receipt of all supporting documents.

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BACKGROUND AND ANALYSIS

 

In 2009, the City leased a portion of the vacant, City-owned land located at 1280 Rancho Del Oro Road (“Property”) to 160 Driving Academy’s predecessor in interest, California Career Schools of Anaheim (“CCS”) under a temporary, month-to-month lease dated August 8, 2009, for CCS to operate a truck driving training school on the Property (the “2009 Lease”). In 2020, CCS merged with 160 Driving Academy and, as a part of that merger, 160 Driving Academy was assigned and assumed the 2009 Lease, with the City’s approval. Thereafter, 160 Driving Academy (“Lessee”) continued to operate under the 2009 Lease on a month-to-month basis, until August 31, 2021 at which time, it elected to terminate and vacate the Property.

 

In 2022, the City entered into a new lease with Lessee for the Property for a three-year term which expires June 30, 2025 (the “Agreement”). At this time, Lessee has requested to extend the term for an additional two years to expire June 30, 2027.

 

Lessee will pay $8,850 per month for a total annual rent of $106,200 in the first year, and $9,293 per month for a total annual rent of $111,510 in the second year. Lessee will continue to be required to perform all ongoing maintenance and repair of the Property, and to share in the costs of maintenance of the common area. In addition, either party will continue to possess the right to terminate the Agreement as amended, for any reason, by giving the other party at least 30 days prior written notice.  This is an important consideration given that the property is still being evaluated as a potential future Police Department headquarters site.

 

 

 

FISCAL IMPACT

 

Description

1st Year Annual Amount

2nd Year Annual Amount

Revenue Account

160 Driving Academy            Rent Revenue

 $106,200

 $111,510

General Fund Revenue Account 1101.4351

 

The amendment will result in total revenue over the two-year term of $217,710 which will be deposited to the City’s General Fund revenue account 1101.4351.

 

COMMISSION OR COMMITTEE REPORT

 

Does not apply.

 

CITY ATTORNEY’S ANALYSIS

 

The referenced documents have been reviewed by the City Attorney and approved as to form.

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Prepared by: Kimberly Duffin, Senior Property Agent

Reviewed by: Hamid Bahadori, Public Works Director                                                                                                         

Submitted by: Jonathan Borrego, City Manager                                                                                                                               

 

ATTACHMENTS:

1.                     Staff Report

2.                     Amendment 1