Reso No.
RESOLUTION NO._____
A RESOLUTION OF THE BOARD OF THE RICHMOND SURPLUS PROPERTY
AUTHORITY RATIFYING PRIOR LEASE AGREEMENTS AND FINDING
THEM VALID LEASES OF THE AUTHORITY AND ADOPTED IN
ACCORDANCE WITH PROCEDURES OF THE CITY OF RICHMOND
WHEREAS, pursuant to California Government Code Section 40500 et seq., the Richmond Surplus Property Authority (the “Authority”) was established by Ordinance 218 N.S. adopted by the City Council of the City of Richmond on June 12, 1967.
WHEREAS, pursuant to Government Code Section 40531, the governing Board of the Authority (the “Board”) is composed of the members of the City Council of the City of Richmond (the “City Council”);
WHEREAS, pursuant to Government Code Section 40532, on July 10, 1967 the Board adopted Resolution No. 1 to appoint the Mayor of the City of Richmond to serve as the President of the Board; and appointed the City Manager to serve as Authority Manager (“Manager”) and City Attorney to serve as Authority Attorney (“Attorney”)
WHEREAS, pursuant to Government Code Section 40555, the Mayor of the City of Richmond acting within their capacity as the President of the Board has authority to sign all contracts on behalf of the Authority; and
WHEREAS, pursuant to Government Code Section 40564, the Authority has the power to execute contracts and, pursuant to Government Code Section 40567, the Authority may sell, lease, exchange, transfer, assign, or otherwise dispose of real or personal property or any interest in such property; and
WHEREAS, in accordance with SPA Resolution 1 Section 3, the Board shall conduct all business of the Authority in accordance with the rules and procedures adopted by the Council of the City of Richmond; and
WHEREAS, the lessees of the leases are generally carrying out the terms of their leases faithfully and under legal principles of reliance and estoppel, and in accordance with the State of California Validating Statutes which validate the acts and procedures of cities and other local agencies, the Authority adopts any actions to approve the Authority leases in Exhibit A as approved by the Authority; and
WHEREAS, the execution of leases for certain property owned by the Authority were previously authorized or approved at duly noticed meetings of the City Council, or joint meetings of the Authority and the City Council, wherein such leases were authorized or approved by the City Council acting within their capacity as such and under authority of the Charter; and
Reso No.
WHEREAS, there is a need for the Board to approve and ratify leases for certain property owned by the Authority that were previously approved by the City Council as the authority to approve such leases rests with the Authority’s Board as the owner of the leasehold interest.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF THE
RICHMOND SURPLUS PROPERTY AUTHORITY AS FOLLOWS:
1. The Board hereby finds and determines that the foregoing recitals are true and correct.
2. The execution, delivery, and implementation of the property leases, amendments, and agreements described in Exhibit A attached to this Resolution (collectively, the “Ratified Agreements”), and the rights and obligations of the Authority as lessor or landlord under the Ratified Agreements are hereby approved, confirmed, and ratified in all respects.
3. All actions taken by the Authority, its President, its Executive Director, its officers, or their respective designees with respect to the Ratified Agreements prior to the date of this Resolution are hereby approved and ratified in all respects.
4. All actions taken by the City Council, the Mayor of the City of Richmond, or the City Manager of the City of Richmond, or their respective designees with respect to the Ratified Agreements prior to the date of this Resolution are hereby approved and ratified in all respects, and the Board confirms that such actions shall be deemed the actions of the Authority.
5. With respect to all Ratified Agreements, all provisions of such Ratified Agreements, including terms and other similar matters, shall be measured from the dates such were originally entered into, and nothing herein shall change any provision of the Ratified Leases from how it has been previously understood and applied by the parties.
6. The Board hereby authorizes the Mayor of the City of Richmond in their capacity as the President of the Board and by Manager and Attorney, to take all actions and execute all instruments necessary to implement the intent of this Resolution.
7. Actions by all officers of Authority must be taken in accordance with the City Charter and all rules and procedures of the City in accordance with SPA Resolution 1, Section 3.
8. In accordance with City Charter, Art. IV, Section 3, the City Attorney has authority to initiate and prosecute all legal actions on behalf of the Authority, including lessees that are in default of their lease terms.
Reso No.
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I certify that the foregoing resolution was passed and adopted by the Board of the Richmond Surplus Property Authority at a duly noticed m eeting thereof held on ______, 2024, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Clerk of the Board
Approved:
President
Approved as to form:
City Attorney
Reso No.
Exhibit A
RATIFIED AGREEMENTS
Tenant
Site Description
Address
APN
Lease Start Date
Lease Expiration
Term
Alcatraz Cruise
Point Potrero Marine Terminal
(PPMT): Basin 4 & half of Basin 3
560-320-017-0
10/15/2021
10/14/2026
10/15/2021-10/14/2026 with two 5 year extension options (2036)
Auto Warehousing Company
Point Potrero Marine Terminal
(PPMT): 1311 Canal Blvd
1311 Canal Blvd
560-320-016-2
and
560-320-017-0
1/1/2004
6/30/2025
01/01/2004-01/01/2009 with one 5 year extension. Second amendment - 05/19/2009-2025 (2) 5-year extensions. (effected lease date started when lease was active) MAG commenced July 1,2010
Dutra Group
Point Potrero Marine Terminal
(PPMT): Basin 2
560-320-017-0
6/1/2017
5/31/2027
06/01/2017-05/31/2022 with one 5 year extension option
Dutra Group
Point Potrero Marine Terminal
(PPMT): Vertical Structure/Parking
Area
1319 Canal Blvd
560-320-017-0
6/1/2017
5/31/2027
06/01/2017-05/31/2022 with one 5 year extension option
Foss Maritime
Point Potrero Marine Terminal
(PPMT): Finger Pier 2
1316 Canal Blvd
560-320-017-0
10/1/2012
2/28/2028
10/01/2012-09/30/2017. First Amendment relocation Basin 5 to Basin 1; Second amendment - 02/28/28
Marine Spill Response Corporation (MSRC)
Point Potrero Marine Terminal
(PPMT): Finger Pier 1
1314 Canal Blvd
560-320-017-0
1/1/1993
6/30/2043
01/01/1993-06/30/2003 with four 5 year extension options 1st Amendment to the lease 2023-2043
Northland Nautical
Point Potrero Marine Terminal
(PPMT): Basin 5
560-320-017-0
9/15/2021
9/14/2026
09/15/2021-09/14/2026 with two 1 year extension options NRC Environmental Service
Point Potrero Marine Terminal
(PPMT): Basin 3
1337 Canal Blvd
560-320-017-0
10/1/2017
9/30/2027
10/01/2017-09/30/2022 with one 5 year extension option
Richmond Museum Association - Red Oak
Point Potrero Marine Terminal
(PPMT): Basin 5
1337 Canal Blvd
560-320-017-0
5/1/2013
4/30/2033
05/01/2013-04/30/2018 with three 5 year extension options Rigger's Loft Winery
Point Potrero Marine Terminal
(PPMT): Riggers Building
1317 Canal Blvd
560-320-016-2
1/15/2015
12/31/2034
01/15/2015-12/31/2034 with two 5 year extension option
VACANT
Point Potrero Marine Terminal
1324 Canal Blvd
560-320-016-2
VACANT
Point Potrero Marine Terminal
(PPMT): Cafeteria Building
1333 Canal Blvd
560-320-017-0
VACANT
Point Potrero Marine Terminal
(PPMT): Basin 1
560-320-017-0
*PPMT: Point Potrero Marine Terminal
SPA LEASES EXECUTED BY CITY