200 S. Anaheim Blvd.
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Anaheim, CA 92805
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www.anaheim.net
CITY COUNCIL AGENDA REPORT
City of Anaheim
ECONOMIC DEVELOPMENT DEPARTMENT
DATE: NOVEMBER 15, 2022
FROM: ECONOMIC DEVELOPMENT DEPARTMENT
SUBJECT: FIRST AMENDMENT TO RIGHT OF ENTRY AND LICENSE
AGREEMENT
ATTACHMENT(Y/N): YES ITEM # 23
RECOMMENDATION:
That the City Council approve, by Motion, a First Amendment to Right of Entry and License Agreement, substantially in the form attached, between the City and Anaheim Transportation Network for 1234 & 1280 S. Anaheim Boulevard and 200 E. Ball Road and authorize the Economic Development Director to execute the First Amendment to Right of Entry and License Agreement and take any and all actions as are necessary to implement and administer the First Amendment.
DISCUSSION:
At the City Council Meeting on November 1, 2022, Council approved a Disposition and Development Agreement between the City and Greenlaw Development, LLC (Greenlaw) for the sale and development of the approximately 8.8 acre site, generally located at the southeast corner of Anaheim Boulevard and Ball Road (Agency Property).
Pursuant to that certain Right of Entry and License Agreement dated August 1, 2015, Anaheim Transportation Network (ATN) utilizes a portion of the Agency Property for parking and driver breakroom space. ATN desires to continue to use a portion of the Agency Property following the closing of the sale to Greenlaw until ATN’s permanent bus storage facility is built at 1227 S. Claudina Street.
In order to accommodate ATN, City staff has worked with ATN’s team to prepare a First Amendment to the Right of Entry and License Agreement (First Amendment).
While the First Amendment updates the License Area to include a temporary charging station area, the primary purpose of the First Amendment is to address the relocation of ATN’s operations from the Agency Property to the new facility at 1227 S. Claudina Street. To this end, the City, ATN and Greenlaw have agreed to a Relocation Plan which is incorporated into the First Amendment as an exhibit and includes phasing and programing details.
ATN is amenable to shifting its use of the License Area to accommodate pre- development activities by Greenlaw. Pre-development activities will include building demolition, site grading, environmental testing and treatment, and construction staging.
Greenlaw will include ATN in pre-development meetings pertaining to staging activity First Amendment To The Right Of Entry And License Agreement November 15, 2022
on site and provide ATN with 72- hour notice prior to any activity impacting ATN’s operations.
While the City and ATN are the parties to the First Amendment, Greenlaw will execute a separate “Acknowledgment and Consent” to the License Agreement, as amended by the First Amendment, in which Greenlaw agrees to be bound by the amended License (including the Relocation Plan) following the closing on the Agency Property.
Greenlaw’s Acknowledgment and Consent can be found in the First Amendment following the signature page.
At the request of ATN, the First Amendment includes a new provision, which serves to provide additional contractual remedies against the City that extend beyond the sale of the Agency Property to Greenlaw, which is anticipated to occur on or before December 31, 2022.
ATN anticipates presenting the First Amendment and the Relocation Plan to its Executive Committee on November 10, 2022, and will request approval from its Board of Directors on November 16, 2022. City staff will provide an update to the actions of ATN’s Executive Committee on or before this City Council meeting. Greenlaw has stated that it is prepared to execute the Acknowledgment and Consent included in the First Amendment.
IMPACT ON BUDGET:
Currently the City receives $3,000 per month payment for the Right of Entry and License Agreement. Payments to the City will end at the close of escrow at which time ATN will continue making payments to Greenlaw.
Respectfully submitted,
Sergio M. Ramirez
Director
Attachments:
1. First Amendment to the Right of Entry and License Agreement (with Relocation Plan attached as an exhibit)
2. Original Right of Entry and License Agreement
3. Site Map