HomeMy WebLinkAbout1991-125
"
,
1
2
3
4
5
6
7
RESOLUTION NO. 91-125
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF A FIRST AMENDMENT TO LEASE WITH CRISPO LAGUNA PERTAINING TO MODIFICATION
OF THE TERM. RENTAL RATE. AND NOTICE TO TERMINATE IN THE LEASE OF PRIVATELY
OWNED PROPERTY BY THE CITY OF SAN BERNARDINO FOR USE AS A PUBLIC PARKING
LOT. SITUATED AT THE NORTHEAST CORNER OF MT. VERNON AVENUE AND 7TH STREET.
IN SAN BERNARDINO.
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
8 hereby authorized and directed to execute on behalf of said City. a First
9 Amendment to Lease with Crispo Laguna pertaining to modifications of the
10 term. rental rate. and notice to terminate. in the Lease of privately owned
11 property leased by the City of San Bernardino. located at the Northeast
12 corner of Mt. Vernon Avenue and 7th Street. a copy of which is attached
13 hereto. marked Exhibit" A" and incorporated herein by reference as fullv as
14 though set forth at length.
15
SECTION 2.
The authorization to execute the above-referenced
16 Amendment to Lease is rescinded if the parties to the Amendment to Lease
17 fail to execute it within sixty (60) days of the passage of this resolution.
18 / /
19 / /
20 / /
21 / /
22 / /
23 / /
24 / /
25 / /
26 / /
27 / /
28 / /
03/18/91 1
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
03/18/91
RESOLLTO\" AUHORI.zI\'C; .EXECl'TIO'\ OF FIRST '\'1E\'D'IEl\T TO LEASE: '\ORTHEAST
(,OR~ER Of' MI. VER!\ON AVENLJE AND 7TH STREET
I HEliES'r l'EkTIFY that the foregoing resolution was duly adopted bv
the Mayor and Common Council of the Ci t~; of San Bernardino at tt
_____~_~~~_l~:;:.____
meeting thereof held on the
15th dav
--------.--
01'
___.____A~!c:ic._____, 19 91., by the following vote, to-wit:
COUNCIL MEMBEkS:
-~-------~
AYES
ABSTAIN
NAYS
ESTRADA
x
REILLY
x
FLORES
x
MAUDSLEY
x
MINOR
x
POPE-LUDLAM
x
MILLER
x
o~_~~ . ~___ ~_~~_8~ ~ ___________
cir~il~k -L:'c,--c-~o=--'-=p
The foregoing resolution is hereby approved this _~~~~_____ day of
April 19 91
/.
/
/ '7 / /
/ / 1/ -
/__--'~ 77 i/ . p'
_itJ~~;;~b;~(;'~"~?-:"~'::::_-------
City of San Berna~dino
Approved as to form
and legal content:
James F. Penman
City Attorney
"~'~~~~ ~--------
2
03/18/91
Res. 91-125
1
2
3
4
5
6
7
8
9
10
11
12
FIRST AMENDME~T TO LEASE
THIS FIRST AMENDMENT TO LEASE is made and entered into this 18th
day of _______AJ2l:_iJ____________________. 1991. bv and between CRISPO LAGUNA.
hereinafter referred to as "Lessor". and the CITY OF SAN BERNARDINO. a
municipal corporation. hereinafter referred to as "Lessee".
WIT N E SSE T H
-~----- -~,-_._------
WHEREAS. the parties hereto executed a lease dated April 2, 1976,
for the use of certain privatelY owned premises bv the City of San
Bernardino for use as a public parking lot; and
WHEREAS, the parties hereto desire to amend certain terms as
contained therein.
13
NOW, THEREFORE, it is mutual Iv agreed between the parties as
14
follows:
15
16
17
1. Section 2 of that lease between the parties hereto dated
April 2. 1976. is hereby amended to read as follows;
SECTION
2. Term. The term of this Lease shall be for a
18 period of Five (5) years from the date of execution with two five (5) year
19 options to renew said Lease. Said options shall automatically take effect
20 without further action bv Lessor or Lessee. unless Lessor or Lessor's heirs
21 terminate said option(s) bv service of thirty (30) days written notice of
22 such termination bv the Lessor to the Lessee. In the event of a sale of the
23 demised premises bv Lessor, then this Lease shall remain in full force and
24 effect for the term hereof and the subsequent new owner of the premises
25 described herein shall at all times be bound to perform all covenants.
26
27
28
conditions. and agreements and shall be entitled to collect all rents then
and thereafter owing by the terms hereof to the Lessor herein.
Lessor or
Lessee shall have the right to terminate this Lease or either option without
1
- . .
*
. .
03118/91
FIRS" A'lE\'D'IE'iT TO LEASE: \'ORl'HEAST COR'iFR OF '11. \ER'iO~' AVE\'lE & 7TH STREET
1 fur-ther liability upon the service ot thirty (30) davs advance written
2
3
4
5
notice of such termination to the appropriate party(ies).
2. Section 3 of that lease between the parties hereto dated
April 2, 1976, is hereby amended to read as follows:
SECTION 3 AnpuaL-Rent?L_P~~ents. Lessee agrees to pay and
6 Lessor agrees to accept as rental for the said premises, during the term
7 aforesaid, a monthly rental of seventy-five dollars ($75.00), plus all real
8 property taxes, if any, assessed against said property during the period of
9
10
the Lease or option period(s).
3. All other terms, conditions and covenants
of said
lease
11 shall remain the same and be in full force and effect.
12
13 IN WITNESS WHEREOF, the parties hereto have executed this First
14 Amendment to Lease on the date first hereinabove written.
15
16
17
18
19 ATTEST:
20 C~I~t--~-_.._-------
. .. ~/
~-:-~_d'~___..______.
t Mayor
21
22
23
24
25
26
27
28
ti'
-,. /
C~ift;D-N' L(1..LLcic~~-'-":"-~--~---
Approved as to form
and legal content
James F. Penman
City Attornev
""t'~_2 !-'O"'''-~_
2