04-02-10 BPU RPT 08 - Laserfiche WebLink

Home

W A T E R I E N E R 5 Y , L I F E RIVERSIDE PUBLIC UTILITIES Board Memorandum P U B L I C U T I L I T I E S BOARD OF PUBLIC UTILITIES DATE: April 2, 2010 ITEM NO: 6 SUBJECT: AMENDMENT TO NON-EXCLUSIVE LICENSE AGREEMENT WITH MISSION GROVE, LTD., SUCCESSOR TO REGIONAL PROPERTY, INC. FOR USE OF A PORTION OF GAGE CANAL —CHICAGO AVENUE AT CENTRAL AVENUE ISSUE: Consideration of an Amendment("Amendment")to the Non-Exclusive License Agreement between the City of Riverside ("City") and Mission Grove, Ltd., as successor to Regional Properties, Inc., a California corporation, ("Licensee"), for use of a portion of the Gage Canal located on Chicago Avenue, south of Central Avenue. RECOMMENDATIONS: That the Board of Public Utilities recommend that the City Council: 1. Approve the First Amendment to Non-Exclusive License Agreement with Mission Grove Ltd; and 2. Authorize the City Manager, or his designee, to execute the Amendment. BACKGROUND: In September 2002,the City entered into a license agreement with Licensee, owner of the property adjacent to the Gage Canal property(the"Development"), for the use of the property for the purpose of constructing a driveway for vehicular ingress and egress, landscaping,walkway, and a parking lot for parking by the tenants and guests of the Development. Since inception of the License, Licensee has completed all improvements as outlined in the original license agreement and continues to maintain the property in an exceptional manner. Licensee has requested that the license agreement be modified to prohibit the termination during the first 25 years. However, it may be terminated during the three automatic, 10-year renewable option periods, with prior notice and subject to the City assisting with alternative access to the development and amendment of Section 18 —Assignment to allow a lender to step into the license agreement. FISCAL IMPACT: There is no fiscal impact associated with the Amendment to the Agreement. Prepared by: Gary L. Nolff, Public Utilities Assistant General Manager/Resources Concurs with: Kevin S. Milligan, Public Utilities Assistant General Manager/Water Approved by: David H. Wright, Public Utilities General Manager Approved by: Belinda J. Graham, Assistant City Manager Approved as to form: Gregory P. Priamos, City Attorney Attachment: Exhibit A—Amendment to License Agreement— Mission Grove Ltd.