FIRST AMENDMENT TO GROUND LEASE AGREEMENT AT THE MCFARLANDDELANO RECYCLING AND TRANSFER STATION (County of Kern – Cit of Delano)
THIS FIRST AMENDMENT TO LEASE AGREEMENT (“First Amendment”) is made and entered on _______________ (“Execution Date”) by and between COUNTY OF KERN, a political subdivision of the State of California (“County”), and the CITY OF DELANO, a Municipal Corporation (“City”). County and City are referred to individually as a “Party” and collectively as the “Parties.”
RECITALS:
A. County owns real property described as Assessor’s Parcel Numbers 521-090-35, 521- 090-13 and (a portion of) 521-090-14, located west of Stradley Avenue and south of Woollomes Avenue, Delano, County of Kern, State of California (collectively, “Property”).
B. The City of Delano has leased a portion of the Property through multiple agreements since 2016 for the purpose of operating, or subleasing the operation of, a water management program to benefit the community of Delano.
C. On May 23, 2023, the Parties entered into Kern County Agt. #284-2023 to allow City’s continued use of the Property and to include an additional 25 acres of County owned sump land, located on Assessor’s Parcel Number 521-090-35, for the same purpose and inclusive of a groundwater recharge project (“Agreement”).
D. County and City now desire to amend the Agreement the first time to increase the Premises by an additional 35 acres of County owned sump land, located on Assessor’s Parcel Number 521-090-28, revise the option terms, adjust the consideration, and add a provision for cost responsibility associated with the development and connection of all leased areas.
AGREEMENT:
1. Section 1 “Premises” of the Agreement is replaced in its entirety to read as follows:
a. In General - For and in consideration of the terms, covenants, and conditions contained in this Agreement, County leases to City, and City leases from County, 60 acres of unimproved real property located west of Stradley Avenue and south of Woollomes Avenue, Delano County of Kern, State of California, described as Assessor’s Parcel Numbers 521-090- 35, 521-090-13, (a portion of) 521-090-14, and (a portion of) 521-090-28, and depicted on the site map attached as Exhibit “A” (collectively, “Premises”). b. Option Premises – Upon City’s written notice and County’s written acceptance, City may increase the Premises by an additional 11 acres within Assessor’s Parcel Number 521- 090-28, as depicted on Exhibit “C” (“Option Premises”). The addition of the 11 acres will effectively increase the total Premises to 71 acres.
2. Section 3 “Option to Extend Term” of the Agreement is replaced in its entirety to read as follows:
Provided City is not in default of any of the provisions of this Lease, County hereby grants to City the option to renew and extend this Lease for three, two (2) year terms from and after the expiration of the original term. City may exercise said option by giving County written notice of its intention to do so not less than sixty (60) calendar days prior to the expiration of the initial term, or if the first option term is exercised, 60 days prior to expiration of the option term. The Chief General Services Officer (“CGSO”), at the CGSO’s sole discretion, may accept or reject the request to extend.
If an option is exercised, Term shall include the option term. Term shall also include any hold over period. All provisions of this Lease shall remain in full force and effect during any extension hereof or holding over.
3. Section 6 “Consideration” of the Agreement is amended to increase the Base Rent to $3,500.00.
4. Section 9 “Construction of Improvements” of the Agreement is amended to add the following to the end thereof:
f. Increase/Decrease Premises: City is responsible for all costs related to modifying the size of the Premises, installing connecting infrastructure, including the development of auxiliary benches/berms. The Parties hereby reaffirm that all costs related to use, operations, and maintenance of the Premises are the responsibility of the City.
5. Ratification of Agreement: Except as modified by this First Amendment, all terms and conditions of the Agreement as amended, shall be in full force and effect. All rights provided to Lessee in this First Amendment are in addition to those provided in the Agreement and those provided by law.
6. Authority toExecute: Each ofthe individuals executing this First Amendment on behalf of County and Lessee represent and warrant that he or she is duly authorized to execute and deliver this First Amendment on behalf of County or Lessee, respectively, and that this First Amendment is binding upon County and Lessee, respectively, in accordance with its terms.
Remainder of page intentionally left blank.
The Parties have executed this First Amendment on the Execution Date.
APPROVED AS TO CONTENT: COUNTY OF KERN
Department Public Works
By______________________________ By___________________________ Joshua Champlin, Interim Director Chairman, Board of Supervisors “County”
County Administrative Office CITY OF DELANO
By________________________________ By_______________________________ Geoffrey Hill, Maribel Reyna,
Chief General Services Officer City Manager
APPROVED AS TO FORM: By _______________________________ Office of County Counsel 1DQF\ Garcia
City Clerk
“City”
By _
Brian Van Wyk, Deputy County Counsel
Exhibit “A” PREMISES
Exhibit “C” OPTION PREMISES
CITY OF DELANO
STAFF REPORT
January 16, 2024
Agenda Item: 18
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
SUBJECT: Recommending the City’s attendance at the International Conference of Shopping Centers (ICSC) 2024
Council Member Nunez requested this item to be placed on the agenda.
Discussion
On December 13, 2023, Council Member Nunez met with staff and Max Bacerra to discuss attending multiple ICSC Conferences in 2024. ICSC promotes and elevates the marketplaces and spaces where people shop, dine, work, play, and gather. The purpose is to initiate a marketing campaign to promote our city and to bring businesses and corporations to the City of Delano. City staff and council members are scheduled to attend.
The goal of ICSC events is to provide a welcoming, congenial atmosphere for Marketplaces Industry professionals to connect with peers, conduct business and learn more about relevant topics.
Staff is recommending attendance at ICSC in preparation for the development of the VOA property.
Budget Impact
Approximately $30,000 for registrations, lodging, membership fees, marketing items and incidentals.
CITY OF DELANO
STAFF REPORT
January 16, 2024
Agenda Item: 19
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Viviana Zamora, Transportation Manager
SUBJECT: PUBLIC HEARING TO OBTAIN PUBLIC COMMENTS FOR THE PROPOSED TRANSIT PROJECTS FOR FISCAL YEAR 2024/2025
Each year DART is required to hold a Public Hearing to provide an opportunity for the public to ask staff questions and to learn about the proposed City of Delano’s Rapid Transit Program of Projects. If no requests or input is received, the public hearing will be closed and the Program of Projects will be considered final.
Discussion
On June 1, 2015, City Council of the City of Delano adopted a Program of Projects Procedure that met the requirements to receive grant funding under Section 5307. Part of the procedure is to hold a public hearing and obtain any written or oral comments on the proposed Program of Projects.
City of Delano Transit has published the public hearing in the newspaper and has posted the notices on all the Transit Buses, City Hall and the Transit station. At this time, the City of Delano Transit is requesting Federal Financial assistance for FY 24/25. For FY 24/25 the amount requested is $2,220,812 for Operating assistance under Section 5307 and $180,512 under section 5339 for Buses and Facilities.
Budget Impact
Finance to create new account for capital outlay
Attachment(s)
Public Hearing Notices
CITY OF DELANO TRANSIT
Notice of Public Hearing
Program of Projects
Re: Fiscal Year 24/25
Federal Financial Assistance
Notice is hereby given that City of Delano – Delano
Area Rapid Transit (DART) City Council will hold a
public hearing on Tuesday, January 16, 2024 at 5:30
p.m. at City Council Chambers at City Hall 1015
11th Avenue, Delano California.
Projects listed below will be considered final.
Program of Projects
Grantee: City of Delano Area Rapid Transit (DART)
PO Box 3010
Delano, CA 93215
The public participation efforts for the 2024 FTIP are
also used to satisfy the Federal Transit
Administration (FTA) Urbanized Area Formula
Program, Section 5307 program of projects (POP).
Any and all public responses shall be forwarded to
Viviana Alapisco, Transportation Manager, PO Box
3010, Delano, CA 93216, or email
[email protected]. DART encourages
participation by Disadvantaged Business
Enterprises, however your business must be certified
and listed in the California Uniform Certification
Program. If you are interested in certification please
call our office at 661-721-3333.
CITY OF DELANO TRANSIT
Noticia de Audencia Publica
Programa de Proyectos
Re: Año Fiscal 24/25
Asistencia Financiera Federal
Se notifica que el Concilio de la Ciudad de Delano –
Delano Area Rapid Transit (DART) tendrá la
audencia pública el Martes, 16 de Enero, 2024 a las
5:30 pm en la City Council Chambers en City Hall
1015 11th Avenue, Delano California.
Los proyectos asi abajos se consideran definitivos.
Programa de Proyectos
Benficiario: City of Delano Area Rapid Transit
(DART) PO Box 3010, Delano, CA 93215
Los esfuerzos de participación pública para el FTIP
2024 también se utilizan para satisfacer el Programa
de Fórmula de Área Urbanizada de la
Administración Federal de Tránsito (FTA), Sección
5307 del programa de proyectos (POP).
Todas y cada una de las respuestas públicas se
enviarán a Viviana Alapisco, Transportation
Manager, PO Box 3010, Delano, CA 93216, o al
correo electrónico [email protected].
DART fomenta la participación de Empresas
Comerciales en Desventaja; sin embargo, su empresa
debe estar certificada y estar incluida en el Programa
de Certificación Uniforme de California. Si esta
interesado en la certifiación, llame a nuestra oficiana al 661-721-3333.
Project Description Fiscal
Year
Budget
Estimate
FTA 5307
Funding
5339
Funding
TDA
Funds
Toll
Credits
Operating Assistance 24/25 $2,220,812 $1,110,406
5307
$1,110,406
Capital Assistance – Transit
Center Rehabilitation
24/25 $180,512 $152,985 $27,527