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Att A - RES 1st Amendment to Sublease 09182023

San Pablo City Council
September 18, 2023

Document
Att A - RES 1st Amendment to Sublease 09182023
Meeting
September 18, 2023
Body
San Pablo City Council
Original file
103 KB
Text extracted from the city's file for reading and search. Open the original on sanpablo.legistar1.com. That file is the official record.

Resolution 2023-### Page 1

RESOLUTION 2023-###

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO AUTHORIZING

THE CITY MANAGER TO EXECUTE A FIRST AMEN DMENT TO THE SUBLEAS E AGREEMENT WITH TENANT NUTRICION FUNDAMENTAL, INC. TO ELIMINATE THE

REQUIREMENT THAT THE TENANT SELL COFFEE DRINKS

WHEREAS, the City of San Pablo and Nutricion Fundamental Inc. (Tenant) entered into a sublease agreement (Sublease) for a portion of real property located at 13271 13721 and 13751 San Pablo Avenue (Premises) on April 25, 2018; and

WHEREAS, the Tenant has been operating Prime Time Nutrition at the Premises;

WHEREAS, the initial term of the sublease agreement was for a period of five (5) years;

WHEREAS, the tenant has exercised its right to extend the term for three (3) years, with the new expiration of the Sublease being July 24, 2026; and

WHEREAS, under Section 3(a) of the Sublease, the sale of coffee drinks at the Premises is a requirement of the Tenant’s operations;

WHEREAS, the Tenant has advised the City that the sale of coffee drinks at the Premises has not been and is not viable and that on average, the Tenant sells only two cups of coffee a day;

WHEREAS, the Tenant is requesting elimination of the requirement under Sublease that Tenant sell coffee drinks;

WHEREAS, the City agrees to an amendment to the Sublease for that purpose.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Pablo hereby authorizes the City Manager to execute a First Amendment to the Sublease Agreement with N utricion Fundamental, Inc. to eliminate the requirement that Nutricion Fundamental Inc. sells coffee drinks;

BE IT FURTHER RESOLVED that the foregoing recitations are true and correct and are included herein by reference as findings.

* * * * * * *

Resolution 2023-### Page 2

ADOPTED this 18th day of September, 2023, by the following votes:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ATTEST: APPROVED:

_________________________________ _________________________________ Dorothy Gantt, City Clerk Abel Pineda, Mayor

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