Legislation Details

File #: 24-202    Version: 1
Type: Action Item Status: Passed
In control: City Council
On agenda: 5/28/2024 Final action: 5/28/2024
Title: Amendment to ground lease with WattEV Salem Inc. for real property at Salem Municipal Airport. Ward(s): 3 Councilor(s): Phillips Neighborhood(s): SEMCA Result Area(s): Good Governance; Strong and Diverse Economy
Attachments: 1. Lease 3111 Airway Drive SE Lease SIGNED.pdf, 2. Amendment
Related files:

TO:                      Mayor and City Council

THROUGH:                      Keith Stahley, City Manager

FROM:                      Kristin Retherford, Director, Community Planning and Development Department 

                                          

SUBJECT:

title

 

Amendment to ground lease with WattEV Salem Inc. for real property at Salem Municipal Airport. 

 

Ward(s): 3

Councilor(s): Phillips 

Neighborhood(s): SEMCA  

Result Area(s): Good Governance; Strong and Diverse Economy

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SUMMARY:

summary

 

On October 23, 2023, Council authorized the City Manager to execute a ground lease (Lease) (Attachment 1) with WattEV Salem Inc. (Umar Javed, President) (Lessee) for property at the Salem Municipal Airport. Due to unforeseen circumstances, due diligence activities are taking longer than anticipated and it is necessary to extend Lessee’s due diligence period to July 1, 2024. Additionally, it was previously unknown that Lessee’s property would require linking improvements (Linking Improvements) to adjacent and adjoining streets.  As it is not feasible for Lessee to complete the required Linking Improvements and staff has determined it would be in the City’s best interest to create a Temporary Facilities Access Agreement Fee Area to fund the Linking Improvements (future) required to develop the bulk of the Airport property at the south end. 

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ISSUE:

 

Shall City Council authorize the City Manager to execute the attached lease amendment?

 

 

RECOMMENDATION:

recommendation

 

Authorize the City Manager to execute the attached lease amendment. 

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FACTS AND FINDINGS:

 

Staff and Lessee have come to terms on a proposed amendment (Amendment) (Attachment 2) to the Lease. Key terms of the Amendment are below.

 

Amended Due Diligence Period:                     July 31, 2024

 

Linking Improvements:                     City staff to create Temporary Facilities Access Agreement Fee Area to fund required street improvements

 

                     Lessee’s financial contribution to Temporary Facilities Access Agreement Fee Area shall be paid from its Base Rent and shall never exceed Lessee’s annual rent

 

BACKGROUND:

 

Revenue from the Lease will flow to the Salem Municipal Airport Fund.

 

                     Clint Dameron  

                     Real Property Services Manager 

 

Attachments:

1.                     Lease

2.                     Amendment