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HomeMy WebLinkAbout1996-217 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION 96-217 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO THE LEASE AGREEMENT WITH STERLING PLAZA PARTNERS FOR A LEASE OF CERTAIN REAL PROPERTY KNOWN AS THE POLICE COMMUNITY OFFICE FOR AREA "c" TO EXTEND THE TERM OF THE AGREEMENT FOR A PERIOD OF FIVE YEARS. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute, on behalf of said City. a second amendment to the agreement with Sterling Plaza Partners, to extend the term of the agreement for a period of five years. A copy of said second amendment is attached hereto marked Exhibit "A" and incorporated herein by this reference as fully as though set forth at length. SECTION 2. This agreement shall not take affect until fully signed and executed by both parties. The City shall not be obligated hereunder unless and until the agreement is fully executed and no oral agreement relating thereto shall be implied or authorized. SECTION 3. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. III III III III III -RES 9.6-211 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO THE LEASE AGREEMENT WITH STERLING PLAZA PARTNERS FOR A LEASE OF CERTAIN REAL PROPERTY KNOWN AS THE POLICE COMMUNITY OFFICE FOR AREA "c" TO EXTEND THE TERM OF THE AGREEMENT FOR A PERIOD OF FIVE YEARS. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof. held on the 1l5th July , 1996, by the following day of vote, to wit: COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT NEGRETE x CURLIN x ARIAS x OBERHELMAN x DEVLIN x ANDERSON x MILLER x C~~ The foregoing resolution is hereby approved this tilL day of July , 1996 ~.1-J{(u~ Tom Ml.nor, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: /} /-. ife DS.p [SBPD-Lease agreement with Sterling Plaza Partners] RES 9Ci-211 SECOND AMENDMENT TO LEASE THIS SECOND AMENDMENT TO LEASE AGREEMENT, is made and entered into this t; -.tL day of <; ~~~ , 1996, by and between STERLING PLAZA PARTNERS, a California General Partnership, hereinafter referred to as "Lessor", and THE CITY OF SAN BERNARDINO, hereinafter referred to as "Lessee". WHEREAS, reference is made to that certain Lease Agreement dated November 30, 1989, by and between Lessor and Lessee for the premises described as 2025-G E. Highland Avenue, San Bernardino, California, hereinafter referred to as "the Lease", in which the premises and terms of agreement are more particularly described. WHEREAS, the parties hereto desire to amend the Lease as herein described and it is therefore mutually agreed that: 1) The term ofthe Lease is extended for a period offive (5) years retroactively commencing on November I, 1993, and ending on October 31,1998. 2) Lessor shall have the right to relocate Lessee, at Lessor's sole cost and expense, to any other available space within the shopping center by giving to Lessee thirty (30) days advance written notice. 3) Lessor shall have the option to terminate this Lease Agreement by giving to Lessee thirty (30) days advance written notice. WHEREAS, Lessor and Lessee agree that all other terms, conditions and agreements within the Lease shall remain in full force and effect and that in the event of conflict, the terms of this Agreement shall prevail. IN WITNESS WHEREOF, the parties executed this instrument on the date first above written. LANDLORD: STERLING PLAZA PARTNERS, a California General Partnership Mitsui Real Estate Sales U.S.A. Co., Ltd., a California rporation, General Partner BY: MA<;A\-<' b, !:::,o",,,lcA"" . ITS: l':\<EC~T.vE VICE ~I~ES\D"'''':''T LESSEE: THE CITY OF SAN BERNARDINO ~~)t&~ I ITS: [hA\.{()(L BY:_~ ~ ITS: 6li OJ-{l/e BY: ITS: