HomeMy WebLinkAbout1983-089
-'
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 NO. 83-89
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A FIRST AMENDMENT TO LEASE AGREEMENT WITH OPTION TO
BUY (J BUILDING) AMONG THE CITY, THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO, AND CENTRAL CITY COMPANY
RELATING TO THE LEASING OF THE J BUILDING.
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 First
Amendment to. Lease Agreement with Option to Buy (J Building) among
the City, the Community Development Commission of the City of San
Bernardino, and Central City Company relating to the leasing of
the J Building, a copy of which is attached hereto, marked Exhibit
"A" and incorporated herein by reference as fully as though set
forth at length.
SEC'l'ION 2. The first amendment to lease authorized by this
resolution shall not take effect until fully signed and executed
by all parties. No party shall be obligated hereunder unless and
until the first amendment to lease is fully executed and no oral
agreement relating thereto shall be implied or authorized.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at an adjourned regular
meeting thereof, held
on the
24th day of
March
, 1983, by the following
vote, to wit:
AYES:
Council Members Castaneda, Reilly, Hernandez,
"arks, Ouiel, strickler
NAYS:
None
ABSENT:
Council Ilenber Hobbs
~?'/4l/N~/$h
./ Ci ty Clerk
18
19
20
21
22
23
24
25
26
27
28
1
The foregoing resolution is
O?,rrl day
2 of
March
, 1983.
3
4
Approved as to form:
5
6 ~~~~fJ~
c~orney
7
8
9
10
11
12
13
14
15
16
17
City of San Bernardino
-- I
I
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
FIRST AMENDMENT TO LEASE AGREEMENT
WITH OPTION TO BUY (J BUILDING)
That certain Lease Agreement with option to Buy (J Building)
entered into by and between CENTRAL CITY COMPANY, a California
corporation, hereinafter called "Company", and the COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, hereinafter
called "Agency", ,-lith the concurrence of the CITY OF SAN
BERNARDINO, hereinafter called "City" is hereby amended in the
following respects only.
1. Paragraph 12 of the lease agreement is amended by
striking, on page 8 of sajd lease, beginning on line 7 and
continuing on 1 ine 8, the following phrase: "in the fifteenth
year of the lease".
2. The following paragraph, paragraph 20, is added to read:
"20. Remedies.
20.1 If at any time Agency and City shall fail to remedy any
default in the payment of any sum due under this lease for thirty
days after notice, or fail to remedy any default with respect to
any of the other provisions, covenants or conditions of this
agreement to be kept or performed by Agency and City within thirty
days after notice of such additional time as is reasonably
required to cure such default or if Agency and City abandon the
leased premises, or if Agency and City breach any obligation under
this lease which cannot be cured, then Company may at Company's
option and without limiting Company in the exercise of any other
right or remedy Company may have on account of such default, and
without any further demand or notice:
(A) Declare this lease at an end, re-enter the leased
1 premises by any means provided by law, and eject all parties in
2 possession thereof therefrom, using such force for that purpose as
3 may be necessary, without being liable to any prosecution for said
4 re-entry or the use of such force, and repossess and enjoy said
5 premises together with all improvements, additions, alterations,
6 equipment and fixtures thereon, and Company shall thereupon be
7 entitled to recover from Agency and City its damages including the
8 worth at the time of the award of the amount by which the unpaid
9 I rent for the balance of the term after the a~iard exceeds the
10 amount of such rental loss for such period that Agency and City
11 prove could be reasonably avoided.
12
(B) Maintain an action for specific performance of the
13 agreement, or for damages, with Agency and City to be responsible
14 for all reasonable attorney fees and cost of suit in connection
15 therewith.
16
20.2 Company shall in no event be in default in the
17 performance of any of its obligations in this lease contained
18 unless and until Company shall have failed to perform such
19 obligation within thirty days, or such additional time as is
20 reasonably required to correct any such default, after notice by
21 Agency and City to Company properly specifying in what manner
22 Company has failed to perform any such obligation."
23
3. All other terms, conditions and covenants of the lease
24 shall remain the same and be in full force and effect.
25
DATED:
~~:f ~- /tf?M.
28
,~AlA/ P,4P
Q'i ty Clerk
26
ATTEST:
27
-2-
1
2
3
4
5
6
7
8
9
10 I
I
I
11 i
I
12 I
I
13 I
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
II
COMMUNITY DEVELOPMENT CO
OF THE CITY OF SAN BE
CENTRAL CITY COMPANY, a joint
venture
BY: CTC COMPANY, a California
partnership
By ()2~~~'
By
CENTRAL CITY ASSOCIATES, a
California p , Q
A General artner
AND BY:
Approved as to form:
;e~ ~~ee;
City A torney
Approved as to form:
Agency Counsel
-~.(-