RESOLUTION NO. 24-129
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING THE SECOND AMENDMENT TO THE STANDARD INDUSTRIAL/ COMMERCIAL LAND LEASE AGREEMENT – GROSS, BY AND BETWEEN CITY AND GLAUKOS CORPORATION FOR THE CITY OWNED LAND LOCATED ON AVENIDA FABRICANTE (APN 690-661-09) WHEREAS, pursuant to City policy 901-1, the City delegates the authority to engage in negotiations with current and prospective tenants for City-owned property to the City Manager; and WHEREAS, the City owns the subject property at Avenida Fabricante, APN 690-61-009, an unimproved lot; and WHEREAS, on July 15, 2014, the property was placed on the City’s marketable property list at the City Council’s direction; and WHEREAS, on September 15, 2015, the City Council approved a Standard Industrial/Commercial Land Lease Agreement - Gross for the City-owned land to Glaukos Corporation (“Lessee”) for an initial term of six years, with the term ending on December 31, 2021; and WHEREAS, on November 5, 2019, the City Council approved a first amendment to the Lease to extend the term of the Lease for an additional five years, ending on December 31, 2024; and WHEREAS, on March 17, 2024, Lessee expressed interest in extending the lease by way of a Second Amendment to the Standard Industrial/Commercial Land Lease Agreement - Gross; and WHEREAS, pursuant to Section 102(i)(2)(A) of the Final Updated Surplus Land Act (SLA) Guidelines, dated August 1, 2024, the leasing of the property pursuant to the proposed Second Amendment, does not constitute a disposition of public land, and therefore the requirements of the SLA are not applicable; and WHEREAS, City staff has reviewed the proposed Second Amendment to the Standard Industrial/Commercial Land Lease Agreement - Gross proposal and finds it to be beneficial to the City, in that the Second Amendment provides for public benefits and purposes once the property is developed as a parking lot, allows for City use outside Lessee’s exclusive use hours and the monthly rent amounts are consistent with a fair market value of the property based on the uses allowed pursuant to said Second Amendment.
NOW THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:
SECTION 1. The above recitals are true and correct and incorporated herein by reference.
SECTION 2. The Second Amendment to the Standard Industrial/Commercial Land Lease Agreement – Gross, attached as Exhibit A, by and between City and Glaukos Corporation is approved.
SECTION 3. The City Manager, or the City Manager's designee, is hereby authorized and directed to execute the Second Amendment to the Standard Industrial/Commercial Land Lease Agreement - Gross by and between City and Glaukos Corporation.
SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this ___ day of _____________________, ____.
ATTEST:
City Clerk of the City of Mayor of the City of
San Clemente, California Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-129 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, 2024, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_______________________________
Elizabeth A. Mitchell, City Attorney
995292.1
Resolution No. 24-129 Page 2
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