HomeMy WebLinkAboutReso - CC - 035-2018RESOLUTTON NO. 035-201 8
WHEREAS, the City is the owner of the premises located at 1080 Howard Avenue, the
former Greyhound Bus Depot, at the corner of Highland Avenue and Callfornia Drive in
downtown Burlingame; and
WHEREAS, Rino Betti has been leasing 1080 Howard Avenue since April 1,2004, and
has been operating the premises as "Sam's Sandwich Shop"; and
WHEREAS, in order to allow the tenant to deal with adverse financial conditions, the
lease agreement was amended in March 2013 to provide for a base rent of $1,700 per month;
and
WHEREAS, the tenant has had time to stabilize his finances in the management and
operation of his business on the Premises; and
WHEREAS, the tenant has consistently made monthly lease payments but has not
received a CPl-based increase in the lease payments since March of 2013; and
WHEREAS, the value of the leased property has increased from 2013, and the landlord
has an interest in receiving appropriate compensation for the lease of its property, including
adjustment for inflation; and
WHEREAS, the rent amount will be increased by CPI annually beginning on May 1,
2018.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME
RESOLVES AND ORDERS:
'1. The facts in the recitals above and in the staff report are true and correct.
The City Council determines and finds that there is a public interest in adjusting the
monthly rent by CPI annually in May.
The City Council approves and authorizes the City Manager to execute Amendment No.
3 to the rental agreement with Rino Betti for the premises at '1080 Howard Avenue in the
form attached hereto as Exhibit "A".
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING
THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE RENTAL AGRREMENT
WITH RINO BETTI, DBA SAM'S SANDWICH SHOP, FOR THE PREMISES AT 1O8O
HOWARD AVENUE, BURLINGAME, CALIFORNIA
2.
3.
r
Michael Brownri ayor
l, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, do hereby certify that
the foregoing resolution was introduced at a regular meeting of the City Council held on the 1gth
day of March, 2018, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, KEIGHRAN, ORTIZ
NOES: COUNCILMEMBERS:NONE
ABSENT: COUNCILMEMBERS: NONE
han hearer, City Clerk
AMENDMENT NO.3
TO COMMERICAL LEASE AGR.EEMENT
BETWEEN THE CITY OF BURLINGAME AND RINO BETTI,
DBA SAM'S SANDWICH SHOP, FOR THE PREMISES AT
IOSO HOWARD AI'ENIJE, BI,]RLINGAME, CALIFORNIA
This Amendment No. 3 made and entered this day of , 2018, by and between the
City of Burlingame, a municipal corporation (herein "Landlord"), and funo Betti, dba Sam's Sandwich
Shop (herein "Tenant"), amends the Commercial Lease Agreement, including Addendum A, dated
February 26, 2004, as amended by Amendment No. l, dated March 24,2005, and as amended by
Amendment No. 2, dated March 18, 2013, for the lease of the building at 1080 Howard Avenue (herein
"Premises").
WHEREAS, Tenant has had time to stabilize his finances in the management and operation of
his business on the Premises which he has leased from Landlord since 2004; and
WHER-EAS, Tenant has consistently made monthly lease payments but has not received an
increase in the lease payments since March of2013; and
WHEREAS, the value of the lease property has increased from 2013 and the landlord has an
interest in receiving appropriate compensation for the lease of its property, including adjustment for
inflation; and
NOW THEREFORE, THE PARTIES AGREE TO AMEND THEIR AGRf,EMENT AS
FOLLOWS:
1. Section 3, "Base Rent", is deleted and a new Section 3, "Base Rent", is added to read as
follows:
Tenant agrees to pay Landlord as base rent for the Premises, $ 1,700.00 per month. Rent is
payable in advance on the first (1"t) day of each month and is delinquent ifnot received by
Landlord on or before the fifteenth (15ft) day ofeach month. Beginning on May 1,2018, the
monthly rent shall be adjusted annually according to any increase in the U.S. Consumer Price
lndex ofthe Bureau of Labor Statistics ofthe Department of Labor for All Urban Consumers
("CPI') for San Francisco Bay Area based on the following formula: Base Rent will be
multiplied by the most current CPI preceding the fint calendar month during which the
adjustment is to take effect, and divided by the most recent CPI preceding the Comrnencement
Date. ln no event shall any adjusted Base Rent be less than the Base Rent for the month
immediately preceding the adjustment. If the CPI is no longer published, then the adjustment
to the Base Rent shall be based on an alternate index that most closely reflects CPI.
2. Except as expressly amended by this Amendment No. 3, all other terms and conditions
contained in the Commercial Lease Agreement dated January 19,2004, including Addendum
A, dated February 24, 2004 and as amended on March 24, 2005 and March 18, 2013, between
the City of Burlingame and Rino Betti dba Sam's Sandwich Shop, as amended, shall remain in
full force and effect.
IN WITNEES WEEREOF, the parties have executed this Amendment No. 3 to the Commercial
Lease Agreement dated January 19, 2004, as amended, on the day and year first above written.
CITY OF BURLINGAME TENANT
By:By:
Lisa K. Goldman, City Manager Mr. Rino Betti
Attest:Approved as to Form:
Meaghan Hassel-Shearer, City Clerk Kathleen Kane, City Attomey