Adopt Resolution #20-143 Approving Second Addendum to Lease with Youth First Community of Promise for Use of Outdoor Areas - Please Note:  This case was moved from the Consent Agenda (5.10) to the Regular Agenda.

Purpose:  Consider addendum to existing lease that allows the permitted the use of adjacent vacant lot (Outlot A, Deal Industrial Park) until December 31, 2021.

Background: Youth First Community of Promise has been using the adjacent lot to the building it leases at 6701 Hwy 10 for outdoor activities during the term of its current lease.  Over the years these activities have included volleyball, soccer, gardening  and other activities for the students in their community program.  The garden is a popular use and Youth First has requested to put up a small shed next to the existing garden to keep its tools and other needed supplies.  Staff was processing the permit/request to put up the temporary shed and discovered that the current lease did not specify the use of the adjacent parcel.  In order to "clean-up" the lease and to allow for the erecting of a temporary garden shed, an addendum allowing this use is required. 

N/A

Observations:
City Staff has worked with the City Attorney to draft a Second Addendum to the existing lease that would allow for the use of the Outlot A, Deal Industrial Park until the current lease ends on December 31, 2021.  When it comes time to renegotiate a potential future lease the use of of the adjacent outlot should be clearly outlined.

Key Addendum Terms

• Rent -   Included in the $1.00 existing lease
• Term -   Terminates when current lease ends December 31, 2021.
• Liability - Liability Insurance to be provided by Youth First Community of Promise
• Use - The Vacant Lot may only be used for gardening, including the erection of a temporary shed as permitted in writing by the City, and for outdoor recreation, consistent with and in support of Tenant’s educational and outreach programs.  No additional structures of any kind may be built on the Vacant Lot.  Any other use of the Vacant Lot must be approved in writing by Landlord prior to commencing such use. Proper "social distancing" needs to be utilized.

Alternatives:

1. Approve Resolution #20-143 Approving Second Addendum to Lease with Youth First Community of Promise (As presented)
2. Approve Resolution #20-143 Approving Second Addendum to Lease with Youth First Community of Promise (With Modifications)
3. No Action - (Do not lease adjacent lot to Youth First Community of Promise)

The City is foregoing potential lease revenue (for the RALF Fund) that could be generated from the market rate leasing of this space.  However it is unlikely that this parcel could be leased by anyone else aside from Youth First Community of Promise.

Staff recommend adoption of Resolution #20-143 as presented.

Motion to Approve Resolution #20-143 Approving Second Addendum to Lease with Youth First Community of Promise; subject to City Attorney review as to legal form and compliance with applicable Executive Orders in regard to public health.