Item Coversheet

Agenda Item 3.5.2

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TRANSPORTATION AGENCY FOR MONTEREY COUNTY
Memorandum
To: 

Board of Directors

From:

Michael Zeller, Director of Programming & Project Delivery

Meeting Date:

March 22, 2017

Subject:

17 Station Place Lost Rent Agreement Extension


RECOMMENDED ACTION:
APPROVE Amendment #1 to the Lost Rent Agreement with Elaine Molinari for 17 Station Place to extend the term of the agreement until July 31, 2017.
SUMMARY:
The Agency entered into a Lost Rent Agreement with Elaine Molinari to ensure that as tenants moved out of 17 Station Place, the rooms would not be re-rented as the Agency completed the acquisition process.  This amendment would extend the term of that agreement until July 31, 2017.
FINANCIAL IMPACT:
This agreement requires the owner to maintain vacancy of units at $400 per unit per month. There are currently seven vacant units. The not-to-exceed amount is $67,200, with a balance remaining of $51,560, funded by lease revenues from Agency-owned properties.
DISCUSSION:

The Salinas Rail Extension Kick Start project, which focuses on improvements to the Salinas Rail Station, requires acquisition of seven parcels, and it is critical that all the acquisition and relocations proceed according to all applicable state and federal laws. To this end, the Agency’s real estate acquisition consultant, Overland, Pacific & Cutler, and special legal counsel, Meyers Nave, have been negotiating the purchase of 17 Station Place in Salinas. The building is a single room occupancy long-term stay hotel, owned by the Elaine M. Molinari Revocable Trust.

Of the sixteen rentable units, nine are currently occupied and the renters are eligible for federally-mandated relocation assistance from the Transportation Agency after the property is acquired. However, prior to entering negotiations for the sale of the property, the owner requested, and the Transportation Agency Board approved, a lost-rent agreement. This agreement compensates the property owner for maintaining the vacancy of the seven currently unrented units, and for any units that become vacant during the property acquisition process at a rate of $400 per month per unit.  When the agreement was first approved, only five of the units were vacant.  The Agency has since relocated two of the tenants that were interested in moving voluntarily.

The benefit to the Transportation Agency of such an agreement is that paying to keep the existing seven vacant units unrented is less expensive than potential relocation costs if the owner were to rent them during the acquisition. The Transportation Agency would then be legally required to cover certain relocation expenses for these newly rented units.  This is an allowable, reimbursable cost from the State.

 

The Transportation Agency delivered an initial offer letter on the property on September 1, 2015.  Due to the prolonged nature of the negotiations, the Agency provided a revised offer letter on January 25, 2017 and subsequently, after not receiving a response to the revised offer, provided notice on February 23, 2017 of a Resolution of Necessity Hearing to be held on March 22, 2017. The term of the existing agreement expires March 1, 2017. The Agency and the property owner are seeking to extend the lost rent agreement until July 31, 2017 to allow the completion of the acquisition process.

ATTACHMENTS:
Description
17 Station Place Lost Rent Agreement - Amendment 1