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CITY OF ~AN BERNAOINO - REQUEST FCC) COUNCIL ACTION
Fro~ ROGER G. HARDGRAVE, Director
De~Public Works/Engineering
Subject: First Amendment to Lease: "Tot-Lot"
Southeast corner of Mesa Street and San
Anselmo Avenue. Modification of the term
and rental payments in the City's lease
of the John E. & Bessie L. Smith property
Date: November 8, 1990
Synopsis of Previous Council action:
11/14/80 --- Lease executed between John E. and Bessie L. Smith and the City of
San Bernardino, for that ceI~ain real property of the Smith's
located at the Southeast corner of Mesa Street and San Anselmo
Avenue, for a term of ten (10) years with an annual payment by the
City of Three Hundred Dollars (S300.00).
Recommended motion:
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1. Adopt Resolution
cc:
Shauna Edwins, City Administrator
Andrew Green, Finance Director
James F. Penman, City Attorney
Annie Ramos, Director Parks & Recreation
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S na re
Anne DeBolt
5328
Contact person:
Phone:
Staff Report, Resolution, Map,
6
Supporting data attached:
Ward:
S10,500
FUNDING REQUIREMENTS:
Amount:
001-382-53010
Source: IAcct. No.l
(Acct. DescriPtion)
Land and Building Rental
Finance: G~)v- ~ \ O,..r
cOil Notes:
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11/08/90
75-0262
Agenda Item No
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CITY OF SAN BERNaDINO - REQUEST FQ COUNCIL ACTION
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STAFF REPORT
The City of San Bernardino has leased the property at the Southeast corner of
Mesa Street and San Anselmo Avenue from John and Bessie.Smith for the past ten
years, paying them $300 annually. The property has been used for a "tot lot" and
City park.
The Parks and Recreation Department would like another ten year lease for the
"tot lot" as they do not have the money to purchase the property at this time.
Mr. Smith is willing to renew the Lease for a ten year term, but does require a
substantial increase in the rental payment. For the first five years the Lease
payment will be $900 annually, and for the second five years the Lease payment
will increase to $1200 per year.
The Smiths are also amenable to opening negotiations regarding a "Lease Purchase"
on the property at some later date. Parks and Recreation and Real Property Staff
will meet with the Smiths at their convenience, prior to the end of the year, to
discuss the "Lease Purchase" and the terms of the agreement.
Staff will continue working on a possible "Lease Purchase" agreement with the
Smith after the extension of the Lease. As the Smiths did not receive any
increase in the rental payment from the City for the entire 10 year term of the
existing Lease, Mr. Smith's request is not unreasonable, therefore. Staff
recommends that the Resolution Authorizing the Execution of the First Amendment
to Lease be adopted.
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MACY
TOT LOT ;'<<{(.I
FILE NO. 15.0GA-OO.z
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF A FIRST AMENDMENT TO LEASE WITH JOHN E. SMITH AND BESSIE LEORA SMI1~,
LESSORS, PERTAINING TO A MODIFICATION OF THE TERM AND RENTAL PAYMENTS IN A
LEASE OF PROPERTY TO THE CITY, AND SITUATED AT THE SOUTHEAST CORNER OF MESA
STREET AND SAN ANSELMO DRIVE, 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
hereby authorized and directed to execute on behalf of said City, a First
Amendment to Lease with John E. Smith and Bessie Leora Smith, pertaining to
a modification of the term and rental payments in the lease of the Smith's
property to the City of San Bernardino, located at the Southeast corner of
Mesa Street and San Anselmo Drive, a copy of which is attached hereto,
marked Exhibit "A" and incorporated herein by reference as fully as though
set forth at length.
SECTION 2.
The authorization to execute the above-referenced
Amendment to Lease is rescinded it the parties to the Amendment to Lease
fail to execute it within sixty (60) days of the passage of this resolution.
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RESOLUTION AUTII~NG EXECUTION OF FIRST AMENDMENT TO LEASE:
TIlE SOUTHEAST CVR OF MESA STREET AND SAN ANSEQ DRIVE
"IUl LU"!" Ai
I HEREBY CERTIFY that'the foregoing resolution was duly adopted by
the Mayor and Co_on Council of the City of San Bernardino at a
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meeting thereof held on the
. 19 . by the following vote. to-wit:
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COUNCIL MEMBERS:
AYES
NAYS
ESTRADA
REILLY
FLORES
HAUDSLEY
MINOR
POPE-LUDLAM
MILLER
of
day
ABSTAIN
City Clerk
The foregoing resolution is hereby approved this
. 19_
day of
W. R. Holcomb. Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman
City Attorney
By'!..... 7' L.,
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1 FIRST A~IESD~ENT TO LEASE
2 THIS FIRST ~'IENDMENT TO LEASE is made and entered into this
3 day of . 1990. by and between the CITY OF SAN
4 BERNARDINO. a municipai corporation. hereinafter referred to as "Lessee" and
5 JOHN E.. SMITH and BESSIE LEORA SMITH. hereinafter referred to as "Lessor".
6 WITNESSETH
7 ~lIEREAS. the parties hereto executed a lease dated November 14,
8 1960. for the use of that certain property fronting on Mesa Street and San
9 Anselmo Avenue in San Bernardino for a park for the benefit and use of the
10 citizens of said City, and
11 wHEREAS. the parties hereto desire to amend said lease to modify
12 the term and rental payments as contained therein,
13 NOW, TIlEREFORE, it is mutually agreed between the parties as
14 follows:
15 1. Section 2 and Section 3 of that lease between the parties
16 hereto dated November 14, 1960, are hereby amended to read as follows:
17 SECTION 2. TER~: The term of this Lease shall be for d
18 period of ten (10) ye6rS, beginning October I, 1990, and ending September
19 30. 2000.
20 SECTION 3. RENTAL PAYMENTS: Lessee agrees to pay, and
21 Lessor agrees to accept as rental for said property, a yearly payment of
22 Nine Hundred dollars (S900.00) for the term beginning Uctober 1, 1990 and
23 ending September 30, 1995; and a yearly payment of One Thousand Two Hundred
24 Dollars (51.200.00) for the term beginning October 1. 1995 and ending
25 September 30. 2000. The said payments shall, through the Director of
26 Finance, be paid in advance in the month of October of each ve6r, and made
27 payable to the Lessor at the address llereinafter set forth throughout the
28 term of this Lease.
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FIRST AMEND:1ENT T<O'OT LOT'- LEASE (JOHN E. /y, BESSI(:tEORA SMITH - LESSORS)
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All other terms. conditions and .covenants of said
lease
shall remain the same and be in full force and effect.
IN WITNESS wHEREOF. the parties hereto'have executed this
Second
Amendment to Lease on the date first hereinabove written.
CITY OF SAN BERNARDINO
By:
w. R. Holcomb, Mayor
ATTEST:
City Clerk
John E. Smith
Bessie Leora Smith
19150 Westlawn
Hesperia, CA 92345
(619) 947-6377
Approved as to form
and legal content
James F. Penman
CLt,' Attorney
By: '1'tA-. 7
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RESOLUTION NO. jJ -~~
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH JOHN E. SMITH AND BESSIE LEORA SMITH
3 RELATING TO THE USE OF CERTAIN PROPERTY FOR PARK PURPOSES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City' of San Bernardino is hereby
authorized and directed to execute on behalf of said City a Lease
with John E. Smith and Bessie Leora Smith relating to the use of
certain property for park purposes, a copy of which is attached
hereto, marked Exhibit "An and incorporated herein by reference as
fully as though set forth at length.
1 HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
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Bernardino at ~ Alf-~-'~ ;~...a'1
on the~ day of ~
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vote, to wit:
meeting thereof, held
, 1980, by the following
AYES:
Councilmen ?f!,..,7C....It,. ~~_.d. r::ILAh"")"
lJAJ J ' '7J' / U '
~I~ \1:k~Ja1
}!:~~._ '~}J..L
NAYS:
ABSENT:
The foregoing
of _~~.
SHAUNA CrARK
City Clerk
resolution is hereby approved this ~
day
, 1980.
w....R HPLC~ .
Mayor orthe C1ty 0 San Bernardino
Approved as to form:
-: _~ ~ . . c.;" t ~!. :;~..~~~:J2i
City. Attorney
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_.11 I ; .., ,,,- '\11 II (11 f)iJi'" I JJ tLGD)
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(TOT lOT. MESA STREET .. SAN ANSElMO AVENUE)
THIS lEASE AGREEMENT is \IIde and entered into this /Jf t:- day
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of n~.. '-C. )n t..<. <.'. 1980. by and between JOtlft E. SMITH and bBSIE
lEORA SMITH. husband and wife. hereafter referred to as "lessor". and the
City of San Bernardino. a nun1c1pal corporation. hereafter referred to as
"lessee".
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W!l!l~~iTHl.
WHEREAS. lessor IMIS a certain parcel of real property fronting on
Mesa Street and San AnsellftO Avenue in the City of San Bernardino. and
WHEREAS. lessor and lessee wish to provide a park for the benefit
use of the citizens of said City.
NOW THEREFORE. in consideration of the rental hereafter reserved
and agreed to be paid to lessor by lessee and the IlIlItual prOlll1ses. obl1ga-
t1ons. agreeraents. and covenants hereinafter set forth and the faithful
perforlllnce thereof. the parties lIIUtually agree as fonows:
1. PROPERTY lEASED: lessor hereby leases and lets to the tessee.
. and lessee hires and leases fran the lessor that certain parcel of land c..
on the East corner of the intersection of Mes. Street and San Anselmo Avenue.
in the City of San Bernardino. County of San Bernardino. State of Califor-
nia. IIOre particularly described as fonows:
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lot 13. Tract 3948 as per plat thereof recorded in Book 60 of
Maps. pages 51-53. inclusive. records of the County Recorder
of San Bernardino County. -
2. TERM: The term of this lease shan be for a period of ten
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(10) years. beginning October 1. 19BO. and ending Septllllber 30. 1990.
3. RENTAl PAYMENTS: lessee agrees to pay and lessor agrees to
acqp':t as rental for the said premises. a yearly payaMlnt of three hundred
dollars ($300.00). The said payments sha 11. through the Director of Finance.
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be paid in advance in the month of October of each year and made payable to ,
the Lessor at the address hereinafter set forth throughout the term of this
1 ease.
4. USE: The said premises shall. through the Park an1 Recreation
Department. be used for a mini-park. playground. or any similar or related
use.
5. MAINTE~ANCE: Lessee is familiar with the 1eased'premises and:
has knowledge of the present conditions that exist thereon. Lessee shall,
at its own expense. maintain the im?rovements and equipment now or hereafter
placed ~pon the demised premises in good order, condition. and repair, and
further agrees to keep the entire leased premises free of any weeds which
may create a ~ub1ic nuis~nc~ or fire hazard'in accordance with existing
City weed abatement ordinances.
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6. IMPROVEMENTS: Lessee may. at its option. make necessary C
improvements for the purpose of furthering the benefic:lal. use,"of the Nid ~
premises. Lessee agrees to surrender and relinquish ownership of.the'fence ~
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which is pr~sent1y on the leased premises. at the termination of this lease. (
Lessee ,agrees to remove all blacktop surfacing from the leased prem~ses
upon termination of this lease and restore the affected land to its natural
condition. It is mutually understood and agreed that any ,and all o,ther
improvements made to the premises for the purpose of furthering the:~fiCi
use of the said premises. shall remain the property of the Lessee and the' ,
aforesaid improvements shall be removed at Lessee's expense u90n termination
of this lease.
7. UTILITIES: Lessee shall pay for all utilities and services
which may be supplied to the said premises.
8. TAXES: Lessor covenants during the term of this lease to pay,
when due. all taxes and assessments that may be assessed or imposed upon
, .
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said preDisn.h~~.
9. ASSIGHHENTS: lessee shall not Issign this lease or sublet the
said prentises or any part thereof without obtaining the prior written con-
sent of the Lessor.
10. LEASE APPLICABLE TO SUCCESSORS. ETC: This lease and the terms.
covenants. and conditions hereof apply to and are binding on the heirs.
successors. executors. adnlinistrators. and assigns of the parties hereto.
11. HOLD HARMl..ESS: Lessor hereby agrees to. and shall. hold lessee.
its elective and appointive boards. clJllllissions. officers. agents. and
employees harmless frolll any liability for damage or clais for damage for
personal injury. including death. as well as frCllll claims for property
damage which IIIIY arise frCllll lessor's operations underth1s lease. whether
such operations be by lessor or by anyone or IROre persons directly or .
. indirectly employed by or acting as agent for Lessor. lessor agrees to
and shall defend lessee and its elective and appointive boards. cOllllllissions
officers. agents. and employees frCJlll any suits or actions at law or in
equity for dllllllges caused. or alleged to have been caused. by reason of any
of the aforesaid operations.
12. AMENDMENT: This lease agrel!lllent IIlIY be llllended or modified only
by written agreelllent signed by both parties hereto.
13. EMINENT D04AIN: If the whole of the leased prea1ses. or so
Blch thereof as to render the relllBinder ullUseable for the PUrpQes. for which
the $IIlIe was leased. shall be taken under the power of _1nent d~1n.
then this lease shall terminate as of the date possession shan be so
taken. If less than the whole of the leased prelll1ses shall be taken under
the power of eminent dOllll1n. and the remainder is useable for the leased
purposes. then this lease shan continue in full force and effect and
sball not be tenll1nated by virtue of such taking and the parties ..y waive
the benefit of any law to the contrary. in which event there shall be a ;'
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partial abat8\lellt of the rent hereunder in an IlIOUnt equivalent to
the prorated use of the reMining preRIises. Any a_rd IlIilde in .iDent
daaain proceedings for the taking or dlllllging of the leased preIIIises
in whole or in part shall be paid to Lessor.
14. NOTICES: All rotices herein required shall be in writing
and delivered in person or sent by certified mail. postage prepaid.
addressed as follows:
lESSOR: John E. SIIIith and Bessie Leora SlIIith
9880 Lincoln Avellle
Hesperia. California 92345
LESSEE: city of San Bernardino
300 [tort!! "D" Street
San Bernardino. CA 92418
Attention: Real Property Section
15. TERMlKATION: Lessee shall have the right to tenainate
this lease withOut further liability upon the service of a six (6) IIIOftth
advance written IIOUce of suc:b tenDtnation by the Lessee to the lessor
or its assigns. Upon tenIIinatiOll of this lease. lessee shall surrender
the propert~ oc:c:upied by this lease agreel1lent in as good condition as
SB8 _5 at the ti. of lessee's entY'y thereof. subjec:t to the conditions
berei.bOYe set forth.
16. VALIDITY: If any Ofteor IIOre of the terIIS. provts1cms.
praatses. c:ovenants; and conditions of this lease shall not be affected
thereby and shan be valid and nforceable to the fullest extent per-
.itted by 'aw.
17. RECORDATION: lessee will have this lease recorded in
the offic:e of the Coun\)' Recorder. San Bernardino County. State of
C&1ifornia. together witb the appropriate Resolution of the Governing
Body of Lessee.
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18. TIME OF ESSENCE: . T1_ is of the essence bare1ll.
IN WITNESS WHEREOF the parttes hereto have caused this lease
to be executed the day and year first above wrttten.
LESSEE
ATTEST:
By'
lft::f" tf."h.;I~
C1 1
LESSOR
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By: .(, . .,.1 "~,/n1. /.8.
j E. t ..
Appl"OYed as to fOl'lll:
By:
J;'. ~ oJ ..~.... -.:1-":.. r Lot'\. .
I_J#" W . -.
Bessie Leora S1111th
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"...,,/ C,ty AUOI'ft!t1 ./
80-275843
RECORDED IN
OFFICIA!.. QECORDS
1930 DEe -3 PM 3: 56
~ mrAN BERNARDINO
G CO.. CALIF.
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