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HomeMy WebLinkAbout1998-255 .~ 1 RESOLUTION NO. 98-255 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE LEASE BY AND BETWEEN THE CITY 3 OF SAN BERNARDINO, THE CYSA-SOUTH SAN BERNARDINO SOCCER FOUNDATION AND CALIFORNIA YOUTH SOCCER ASSOCIATION-SOUTH (nCYSA_sn). 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION I. The Mayor is hereby authorized to execute an amendment to Lease entered 8 into November 19, 1996 by and between the City of San Bernardino, the CYSA-South San 9 Bernardino Soccer Foundation and California Youth Soccer Association-South (nCYSA_sn), a 10 copy of which is attached hereto marked Exhibit nAn and incorporated herein by this reference as 11 if set forth in its entirety. 12 SECTION 2. The authorization to execute the above-referenced amendment to Lease 13 is rescinded if the parties fail to execute it within sixty (60) days of the passage of this resolution. 14 /1/ 15 /1/ 16 //1 17 /1/ 18 //1 19 /1/ 20 //1 21 /1/ 22 //1 23 /1/ 24 /1/ 25 /1/ 26 /1/ 27 /1/ 28 /1/ HTC:ea[CYSA.res] 1 August] 0, 1998 ~ '98-25~ 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE LEASE BY AND BETWEEN THE CITY 2 OF SAN BERNARDINO, THE CYSA-SOUTH SAN BERNARDINO SOCCER FOUNDATION AND CALIFORNIA YOUTH SOCCER ASSOCIATION-SOUTH ("CYSA-S"). 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a re!Ju]ar meeting thereof, held on the8th 5 17 The foregoing resolution is hereby approved this i2hay ofSeDt~mher 18 1998. 19 '--L~ T VALLES, Mayor o San Bernardino 20 21 22 23 Approved as to form and legal content: 24 JAMES F. PENMAN, City Attorney 25 27 t? . iC--n-m-.., 26 28 HTC:ea[CYSA.res] 2 August] 0, 1998 "' /' ~ 1.' ( 98-255 AMENDMENT TO LEASE BY AND BETWEEN THE CITY OF SAN BERNARDINO, THE CYSA-SOUTH SAN BERNARDINO SOCCER FOUNDA nON AND CYSA-S WHEREAS, a certain Lease was made and entered into on November 19, 1996 by and between the City of San Bernardino, a Municipal Corporation ("Lessor" or "City"), the CYSA- South San Bernardino Soccer Foundation, a non-profit public benefit corporation ("Lessee"), which entered into said Lease for the benefit of the California Youth Soccer Association-South CCYSA-S"), and CYSA-S; and WHEREAS, Lessor and Lessee desire to amend Section 4.1 of said Lease relating to "utilities" to be effective July I, 1998; IT IS HEREBY agreed that Section 4.1 of said Lease is amended effective July I, 1998 to now read as follows: Utilities Section 4.1. Lessee shall pay, and hold Lessor and the Property free and harmless from, all charges for the furnishing of gas, water, sewer, electricity, telephone service, and other public utilities to the Property during the Term and the Extended Term of this Lease. All such charges shall be paid by Lessee directly to the provider of the service and shall be paid as they become due and payable, but in any event before delinquency. Lessor shall use its best efforts to obtain the lowest rates available for water and electricity, and its best efforts to ensure that such rates are maintained during the Term and the Extended Term of this Lease. Commencing July I of each fiscal year, Lessor shall provide garbage pickup and disposal at no charge to Lessee for the first fifteen thousand dollars ($15,000.00) of costs attributed to such garbage pickup and disposal. Thereafter, for the remainder of said fiscal year, Lessee shall pay any and all such costs HTC:ea[CYSALeas.Amcj . . . 98-255 - .- attributed to such garbage pickup and disposal. Lessee shall be entitled to receive all on-site pay telephone revenue. WHEREFORE, Lessor and Lessee, in consideration of the conditions, covenants and promises contained herein, have executed this Amendment to Lease as indicated below. DATED ,'~?lc /crY , LESSOR By: J' I . ALLES, Mayor ity f San Bernardino ATTEST: ~~ chel Clark City Clerk DATED .o~W- &/ Hq~ LESSEE By:tIIJA~ RAY HORSPO L C'l.vfl.,i_'(t..!..- (k,~'~I.P~ ~ ATTEST: ~~ ACCEPTANCE AND GUARANTY BY THE CALIFORNIA YOUTH SOCCER ASSOCIA TJON-SOUTH: The undersigned, as authorized representative(s) ofthe CYSA-S, hereby agree on behalf of CYSA-S that CYSA-S shall be bound to all performance ob- ligations contained in Section 4.1 of this Lease, as amended. DATED ,.,//(p- C(~ By:(JtJd~ ATTEST: ~~ 2 IlTC:ea[CYSALeas.Ame]