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HomeMy WebLinkAbout2000-307 ,. , 1 RESOLUTION NO. 2000-307 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING A LEASE CONTRACT FOR THE CENTER FOR INDIVIDUAL DEVELOPMENT BETWEEN THE 3 CITY OF SAN BERNARDINO, THE COUNTY OF SAN BERNARDINO, AND THE AUTHORITY FOR THE HANDICAPPED TO EXTEND THE TERM FROM JULY 1, 2000 4 THROUGH JUNE 30, 2005. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The Mayor of the City of San Bernardino or her designee is hereby authorized 8 to amend San Bernardino County lease contract 95-907 with the County of San Bernardino and the 9 Authority for the Handicapped for the Center ofIndividuals with Disabilities consisting of 17,900 10 square feet of building, real property and other improvements, for the sole purpose of extending the 11 term of said lease contract from July 1, 2000 through June 30,2005. 12 SECTION 2. The authorization granted hereunder shall expire and be void and of no further 13 effect if the Agreement is not executed by both parties and returned to the Office of the City Clerk 14 within sixty (60) days following the effective date of the resolution. 15 1// 16 1// 17 //1 18 //1 19 //1 20 III 21 //1 22 //1 23 //1 24 //1 25 //1 26 1// 27 //1 28 //1 1 2000-307 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING A LEASE CONTRACT FOR THE CENTER FOR INDIVIDUAL DEVELOPMENT BETWEEN THE 2 CITY OF SAN BERNARDINO, THE COUNTY OF SAN BERNARDINO, AND THE AUTHORITY FOR THE HANDICAPPED TO EXTEND THE TERM FROM JULY 1,2000 3 THROUGH JUNE 30, 2005. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a Joint Regular meeting thereof, 6 held on the 16th day of October , 2000, by the following vote, to wit: 7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 8 ESTRADA 9 LIEN 10 MCGINNIS II SCHNETZ 12 SUAREZ 13 ANDERSON 14 MCCAMMACK 15 16 17 ~ ~ x - x - x - x - _1'_ 'xfanrl), f) .;~ d; nL1 ~ J[)ep11li CITYC RK . "0 18 The foregoing Resolution is hereby approved this ~ day of ....Q"tober , 2000. 19 20 21 22 Approved as to form and 23 legal content: ~ IT V ALLES, Mayor of San Bernardino 24 JAMES F. PENMAN, City Attorney 25 26 27 28 7,f~",- , 2000-307 REPORT IRECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION J agree. 95-907 November 28, 2000 FROM: JOHN YUHAS, Real Property Manager Real Estate Services RUDY LOPEZ, Director Department of Behavioral Health SUBJECT: LEASE AMENDMENT WITH AUTHORITY FOR THE HANDICAPPED (AUTHORITY) AND THE CITY OF SAN BERNARDINO (CITY) FOR THE DEPARTMENT OF BEHAVIORAL HEALTH (DBH) IN SAN BERNARDINO RECOMMENDATION: Approve Amendment No, 1 to Lease Agreement, Contract No, 95-907, with the Authority for the Handicapped and the City of San Bernardino, to extend the term of the lease for the Department of Behavioral Health to provide a recreational and community center for individuals with disabilities in the City of San Bernardino from July 1, 2000 through June 30, 2005, in the amount of $300,000. BACKGROUND INFORMATION: On October 16, 1978, the Board of Supervisors and the City created a joint powers entity, the Authority for the Handicapped of San Bernardino County, for joint use and to administer a handicapped center located at 8088 Palm Lane, San Bernardino. The County and City had previously executed four agreements for the use of the facilities and added an annex consisting of 2,300 square feet. On October 3, 1995, the Board of Supervisors approved a new five year lease agreement with five five-year options, Contract No, 95-905, to consolidate the previous agreements, add the additional space, and clarify costs and responsibilities for the various entities. The lease has been in holdover since June 30, 2000, while DBH and the City reviewed the allocation of use and costs between the two parties. It was determined that the facilities are still being utilized equally by DBH and the City and no other modifications are necessary to the agreement. Amendment No,1 extends the term of the lease five years through June 30, 2005, The City executed the agreement on October 19, 2000 and the Authority approved the agreement at its quarterly meeting on November 2, 2000, Since the Landlord is a government entity, the subject lease is exempt from Real Estate Policy No, 08-02-01, The County and City have the right to terminate the lease with 60 days notice for loss of funding, REVIEW BY OTHERS: This agenda item has been reviewed by DBH, the County Administrative Office (Administrative Analyst Lynn Chacon), and approved as to legal form by Chief Deputy County Counsel Rex Hinesley on September 21, 2000. Page 1 of2 cc: RES w/agree. City of S.B. w/agree. c/o RES Contractor w/agree. Auditor w/agree. SBD w/agree. Facilities Mgmt. w/agree. HSS Bldg. & Finance w/agree, DBH - Rudy Lopez CAO - Carol Hughes ISG File w/agree. Record of Action of the Board 0 Supervisors AGREEMENT 95-907 A-1 APPROVED BOARD OF SUPERVISORS COUNTY ,OF ~ANBERNARDINO MOTION ABSENT AYE' .,. 2 AYE -----,... 3' SECOND 4 MOVE 5 EA BY DATED: Rev 07/97 rdm ITEM 031 ",' J 2000-307 ~ LEASE AMENDMENT WITH AUTHORITY FOR THE HANDICAPPED (AUTHORITY) AND THE CITY OF SAN BERNARDINO (CITY) FOR THE DEPARTMENT OF BEHAVIORAL HEALTH (DBH) IN SAN BERNARDINO November 28, 2000, #31 Page 2 of 2 FINANCIAL IMPACT: The County and City equally share operating expenses for the CID. The County's portion of the rent in the amount of $5,000 per month ($.56/sq.ft./mo, full service) is paid from DBH's Budget (AM- MLH-2905). The current year lease cost is $60,000 and is included in DBH's current budget. Annualized costs of the lease are as follows: Year July 1, 2000 thru June 30, 2001 July 1, 2001 thru June 30, 2002 July 1, 2002 thru June 30, 2003 July 1, 2003 thru June 30, 2004 July 1, 2004 thru June 30, 2005 Annual Lease Cost $60,000 $60,000 $60,000 $60,000 $60,000 The agreement requires the Authority to audit actual operating expenses annually and adjust the rent for actual expenses. In addition, 5% of the rent from DBH and the City is set aside annually by the Authority for major repairs and capital improvements for the buildings. SUPERVISORIAL DISTRICT: Fifth PRESENTER: John Yuhas JL: 7-7824 mm: 7-7825 , E New Vendor Code Dept. Contract Number f- SC M X Change A 95-907 A-1 f- . X Cancel County Department Dept. Orgn. Contractor's license No. Real Estate Services County Department Contract Representative Ph, Ex!. Amount of Contract John Yuhas, Real Property Manager 7-7832 Fund Dept. Organization Appr. Obj/Rev Source Activity GRC/PROJ/JOB Number AM MLH MLH , 200 2905 10092352 , Commodity Code 11/0 Estimated Payment Total by Fiscal Year FY Amount I/D FY Amount Project Name - - SAN BERNARDINO - - - DBH-CID - - 2000-307 FOR COUNTY USE ONLY County of San Bernardino FAS STANDARD CONTRACT FIRST AMENDMENT THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County, and Narne Authority for the Handicapped c/o Clerk of the Board of Supervisors hereinafter called AUTHORITY Address 385 N. Arrowhead Avenue, 2nd Floor San Bernardino, CA 92415-0130 Phone Birth Date (909) 386-8875 FederallD No. or Social Security No. IT IS HEREBY AGREED AS FOllOWS: (Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion, determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda. if any,) WHEREAS, the AUTHORITY, County of San Bernardino ("COUNTY"), and City of San Bernardino ("CITY") have previously entered into a Lease Agreement, Contract No, 95-907, wherein the AUTHORITY agreed to lease to CITY and COUNTY certain real property; and, WHEREAS, the CITY and COUNTY desire to exercise the option to extend the term ofthe lease; and, WHEREAS, the CITY and COUNTY have reviewed the allocation of use of the Premises and determined that the allocation of space and rent should remain the same. NOW, THEREFORE, in consideration of mutual covenants and conditions, the parties hereto agree the Lease Agreement, Contract No. 95-907, is amended as follows: I. EXTEND the term of the lease as provided in Paragraph 6, TERM, from July 1,2000 through June 30, 2005, ****** * * * * * * Page 1 of2 . , , ,1 2000-307 2. All other provisions and terms of the Lease Agreement, Contract No. 95-907, shall remain the same and are hereby incorporated by reference, - END OF FIRST AMENDMENT AUTHORITY: Authority for the Handicapped of San Bernardino County By: tf J (f'1J1 p //1- 1.(; (J '/J/iFI-f L {/lAIR J'PA II - t -() 0 Name: Title: Dated: eOUNTY: County of San Bernardino Na .. Title: Mayor Jon D Dated: \O-lCl -00 Dated: NOV 28 2000 Approved as to Form: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Cler f the Board of Supervisors of rdino. This _ day of ,2000 Appro Reviewed by Contract Com Reviewed for Processing By .. .. Agency Administrator/CAD Date 9- Date Date Page 2 of2