File #: 2020-0459   
Type: Agreement Status: Passed
File created: 7/2/2020 In control: Board of Directors - Regular Board Meeting
On agenda: 9/24/2020 Final action: 9/24/2020
Title: AUTHORIZE the Chief Executive Officer (CEO) to execute a lease agreement with Wetzel's Pretzels ("Wetzel's") for Kiosk K-1 in Union Station West and a vending cart located in the East Portal at a monthly rent of $28,292 with annual increases of three-percent (3%), plus common area maintenance fees, eight-percent (8%) of gross sales above the natural breakpoint, as well as provisions related to COVID-19 for an initial term of five-years and a tenant-initiated five-year extension at fair market value.
Sponsors: Finance, Budget and Audit Committee
Indexes: Budgeting, Coronavirus Disease 2019 (COVID-19), Kiosks, Location 199, Los Angeles Union Station, Metro Rail A Line, Property Agreement, Ridership, Tenants
Attachments: 1. Attachment A – Location Map, 2. Attachment B – Deal Points
Related files: 2020-0714

Meeting_Body

FINANCE, BUDGET AND AUDIT COMMITTEE

SEPTEMBER 16, 2020

 

Subject

SUBJECT:                     LEASE AGREEMENT WITH WETZEL’S PRETZELS FOR KIOSK K-1 AT LOS ANGELES UNION STATION

 

Action

ACTION:                     APPROVE RECOMMENDATIONS

 

Heading

RECOMMENDATION

 

Title

AUTHORIZE the Chief Executive Officer (CEO) to execute a lease agreement with Wetzel’s Pretzels (“Wetzel’s”) for Kiosk K-1 in Union Station West and a vending cart located in the East Portal at a monthly rent of $28,292 with annual  increases of three-percent (3%), plus common area maintenance fees, eight-percent (8%) of gross sales above the natural breakpoint, as well as provisions related to COVID-19 for an initial term of five-years and a tenant-initiated five-year extension at fair market value.

 

Issue

ISSUE

 

The 2009 tenant lease with Wetzel’s for the K-1 kiosk (see Attachment A for location), will expire on November 12, 2020.  Union Station Management working with its broker CBRE, Inc. placed the K-1 kiosk on the market for several months.  Two offers were submitted with Wetzel’s being the more competitive of the two.  Board approval is required to enter into the lease as both the total dollar amount and the amount of time exceeds the CEO’s authority. 

 

Background

BACKGROUND

 

As the owner of Union Station, Metro is responsible for approving all dining amenities offered at Union Station brought forward for approval by its third-party property management firm Morlin Asset Management. Many of the tenants presently occupying the Passenger Concourse on the Westside of the station (Starbucks, Ben & Jerry’s, and Subway) predate Metro’s ownership and were assigned to Metro as tenants upon purchase of the station from Catellus (prior ownership).

 

All rental rates have been negotiated using underlying values taken from professional appraisals provided by third-party appraisers hired to assess rental rates by location at Union Station.

 

Discussion

DISCUSSION

 

Considering the ongoing COVID-19 pandemic, station management is assured in Union Station’s long-term real estate value given the number of operators considering a lease at the station in the current market. Wetzel’s has made a competitive offer for the kiosk and provided financial information to ensure they have the necessary capital to move forward within the market conditions of COVID-19. Additionally, the Real Estate staff has negotiated near-term provisions in the lease to ensure Wetzel’s can maintain its operations within the span of time between commencement of sales at Union Station and increased station patronage (additional details on Attachment B).

 

In addition to the kiosk, Union Station has agreed to allow Wetzel’s to operate a vending cart in the East Portal of Union Station. Final authorization to operate the cart is subject to agreement on design, location and business plan for the vending cart.  Both Metro and Wetzel’s will have the right to terminate the cart if sales do not exceed $300,000 in a 12-month rolling period. 

 

Equity Platform

 

This project addresses Metro’s equity platform by partnering with a locally-owned business which will improve access to affordable dining amenities for Metro’s ridership.

 

Determination_Of_Safety_Impact

DETERMINATION OF SAFETY IMPACT

 

The execution of a lease with Wetzel’s will have no impact on Metro safety.

 

Financial_Impact

FINANCIAL IMPACT

 

It is expected that the lease with Wetzel’s will bring a minimum base rent of approximately $339,000 annually to Metro once final negotiations of lease terms and conditions are determined (exclusive of initial term provisions for market conditions related to COVID-19). Additional revenues for the agency can be realized if sales targets are met under agreed percentage rent terms and are outlined on Attachment B.

 

Impact to Budget

 

The lease with Wetzel’s will have no impact on Metro’s operating or capital budgets.

 

Implementation_of_Strategic_Plan_Goals

IMPLEMENTATION OF STRATEGIC PLAN GOALS

 

This lease addresses strategic goal #2 to provide “outstanding trip experiences for all” by increasing ridership’s access to dining amenities at the station.

 

Alternatives_Considered

ALTERNATIVES CONSIDERED

 

The Board could choose not to move forward with the lease. This action is not recommended as the agency would not realize additional revenues and customer amenities provided by Wetzel’s operation.

 

 

 

Next_Steps

NEXT STEPS

 

Upon Board approval, staff will execute the lease with Wetzel’s.

 

Attachments

ATTACHMENTS

 

Attachment A - Location Map

Attachment B - Deal Points

 

Prepared_by

Prepared by: Ken Pratt, DEO, Countywide Planning & Development, (213) 922-6288

John Potts, Executive Officer, Countywide Planning & Development, (213) 928- 3397

Holly Rockwell, SEO - Real Estate, Transit Oriented Communities and Transportation Demand Management, (213) 922-5585

 

 

Reviewed_By

Reviewed by: James de la Loza, Chief Planning Officer, (213) 922-2920