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RESOLUTION NO.
89-2
2 A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A SECOND AMENDMENT TO LEASE AND CONSENT TO
3 ASSIGNMENT RELATIVE TO A LEASE WITH ALBERT M. GALLO AND KATHRYN C. GALLO.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
5
6
SECTION 1.
The Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of said City, a Second
7
Amendment to Lease with Albert M. Gallo and Kathryn C. Gallo for the City
owned property located on the Northeast corner of Waterman Avenue and
Gilbert Street, and a Consent to Assignment, copies of which are attached
hereto, marked Exhibit "A" and Exhibit "B" respectively, and incorporated
herein by reference as fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at a
~ular___meeting
held
day
of
on the
thereof
3rd
__~an~_~ry ____, 19~~, by the following vote, to-wit:
AYES: Council Members Es~~ada,__~~illy~_Flores! Maudsley
___~in~~~_~~E.e-~udl~~!-tiill~r_-__---_____-_____
NAYS: None
ABSENT: None
;:;~ ~?l"
_____.0f?J&//12/ Jtli!x:~_..______
/ City Clerk
The foregoing resolution is hereby approved this ~6~ day
of
January
---------------------------
, 19~~
Evlyn Wilcox, Mayor
City of San Bernardino
Approved as to form
28 and legal content:
11-29-88
('1_ z.-
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SECOND AMENDMENT TO LEASE
(Fire Station - Waterman and Gilbert)
THIS SECOND AMENDMENT TO LEASE, effective January 1, 1989,
is entered into between the CITY OF SAN BERNARDINO, a municipal
corporation, hereinafter called "Lessor", and ALBERT M. GALLO and
KATHRYN C. GALLO, hereinafter called "Lessee".
The parties agree as follows:
1. Recitals.
WHEREAS:
A. On July 7, 1975, Lessor and Lessee entered
into a ten-year lease for premises located at 1505 North Waterman
Avenue, San Bernardino ("premises").
B. Pursuant to the terms of the lease, Lessee had
the option of renewing the lease for an additional five-year
period for a total rent of $400.00 per month and said option was
exercised by Lessee, as evidenced by First Amendment to Lease,
effective July 1, 1986.
C. Lessee currently has the option of two
additional renewals for a period of five years each, upon
fulfilling each renewal term. Subsequent rents are to be $450.00
per month and $500.00 per month, respectively, during each five-
year period.
D. Pursuant to paragraph 19 of said Lease
Agreement, Lessee shall not assign this lease or sublet the said
premises or any part thereof without obtaining the prior written
consent of the Lessor.
JFW:ss
December 8, 1988
1
EXHIBIT "A"
E. Lessee wishes to assign the Lease Agreement.
THEREFORE, it is agreed that the Lease Agreement
shall be amended as follows:
2. Insurance. Paragraph 16 of said Lease Agreement is
amended to read as follows:
"16. Insurance. Lessee agrees to procure and maintain
in force during the term of this lease and any extension thereof,
at its expense, a policy or policies of insurance against loss
or damage to he leased premises, and appurtenances and permanent
equipment, resulting from fire, lightning, vandalism, malicious
mischief, and such perils ordinarily defined as "extended
coverage" and other perils in a minimum amount of $100,000.
Lessee agrees to procure and maintain in force during the term of
this lease and any extension thereof, at its expense, public
liability and property damage insurance in companies and through
brokers approved by lessor, adequate to protect against liability
for damage claims through public use of or arising out of
accidents occurring in or around the leased premises, and
property damage in a minimum amount of $500,000 combined single
limit.
Such insurance policies shall name the Lessor, its
officers, agents and employees as additional insureds.
Lessor
shall furnish Lessee, concurrently with the execution hereof,
with satisfactory evidence of the insurance required, and
evidence that each carrier is required to give City at least ten
(10) days' prior notice of the cancellation or reduction in
coverage of any policy during the effective period of this lease.
Lessee agrees that, if such insurance policies are not kept in
JFW:ss 2
December 8, 1988
"
force during the entire term of this lease and any extension
thereof, Lessor may procure the necessary insurance, pay the
premium therefor, and that such premium shall be repaid to Lessor
as an additional rent installment for the month following the
date on which such premiums are paid."
3. Amendments.
Paragraph 19 of said Lease Agreement is amended to
read:
"19.
Assignment.
Lessee shall not
assign this lease or sublet said premises or
any part thereof, without obtaining prior
written consent of the Lessor.
The parties
agree that in consideration of an agreement
to the assignment of said Lease by the
Lessor, the terms of the lease shall be
first amended as follows:
1. The term of the Lease shall be for a
period of 60-months commencing upon the
execution of an assignment of said lease.
2. Rent for the 60-month Lease term
shall be for the amount of $60,000.00,
payable at a rate of $1,000.00 per month,
commencing on the day of the execution of
said assignment, and payable by the first day
of each month thereafter.
3. Lessee, or any assignee, shall have
no options to extend the Lease term beyond
JFW:ss
December 8, 1988
3
.....
the 60-month period, but rather the terms of
any tenancy beyond the 60-month period shall
be negotiated by the parties. This provision
does not require the Lessor to enter into
any further Lease Agreements following the
expiration of this agreement.
4. If, after a completed assignment of
this lease, Lessee recovers possession of the
florist business from the Assignee, then this
Lease shall continue as amended.
By such
repossession, Lessee shall be deemed to have
taken a reassignment of the Lease under the
terms as amended by this Second Amendment to
the Lease. Nothing contained herein shall be
construed as preventing the Lessor from
discontinuing this Lease for breach of the
covenant to make timely payment of the rental
fees, or for breach of any other covenant
contained in the Lease, without prior notice
to Lessee."
5. If this lease is not assigned on or
before December 31, 1989, the provisions of
this Paragraph 3 of the Second Amendment to
lease shall be of no further force and effect
and the applicable provisions shall be those
found in the Lease and the First Amendment to
Lease.
JFW:ss
December 8, 1988
4
4.
other Provisions.
All amendments as set forth
herein are hereby deemed to be in full force and effect as to any
assignee of said Lease and are a part of any Lease assigned by
the present Lessee.
All other terms and conditions of the First Amended
Lease shall remain in full force and effect, except for those
conditions and terms superseded by this Second Amendment.
IN WITNESS WHEREOF, the parties hereto have executed
this Sec-o-~d Amendment to Lease, this ___~:i~_____day of
(~ ' 19J'!
(jbO'
"Lessor"
ATTEST:
~/?7:V4~/~>
ti ty Cle;k ' -
CITY OF SAN BERNARDINO
BY&~~:Yor
City of San Bernar ino
"Lessee"
~' ,', / ~~'"~
' ",~, ..' ../:'//" //'-7 ~
(" //"" /~'1; . />', ..-/ ~ /'~ ..-
Albert M. Galt -=-=-- -
.' )
/I . /(.'1 ",
.- . ~/~ - /~.:_.,?{e6r
thryV . Gallo
Approved as to form and
legal content:
Attorney
JFW:ss
December 8, 1988
5
. .
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,
II'
ASSIGNMENT OF INTEREST IN LEASE AGREEMENT
(Fire Station --- Waterman and Gilbert)
Albert M. Gallo and Kathryn C. Gallo, being the Lessees
under that certain Lease Agreement entered into on the 7th day of
July, 1976, and all amendments thereto, between Lessee and the
City of San Bernardino as Lessor, do hereby assign, set over and
transfer unto Yonsuk Son, all right, title and interest which
they have or may claim to have in and under by virtue of said
Lease Agreement. Yonsuk Son shall hereafter be the sole Lessee.
Yonsuk Son, by acceptance of this assignment, does
agree to hold harmless Albert M. Gallo and Kathryn C. Gallo from
all further responsibility and liability under said Lease
Agreement.
This Assignment is subject to approval by the Mayor
and Common Council of the City of San Bernardino, and this
assignment is not valid until consent to this agreement is
obtained in writing from the City of San Bernardino.
IN WITNESS WHEREOF, the pa;:ti'~sl have executed this
Assignment this ~t____day of ~~~__~~~~~~_________,
192L. (/
ACCEPTED:
--~.~?~./ ./~-:;:;~~'.. /....c:;~.
/~';~~"'?d /~.<./~~/ _.~~
Al bert M. Gallo, '-Assignor
....,/ ,~//' . .L-
e .......'. , .' F;,..'" L./
/~,..... "':'.//! ....\.("\...-. ~1
Assignor
JFW:ss
November 29, 1988
1
EXtnlIT "SII
. ".'
,
,
, .
.
CONSENT TO ASSIGNMENT BY CITY OF SAN BERNARDINO
(Fire Station --- Waterman and Gilbert)
PURSUANT TO A RESOLUTION by the City of San Bernardino
heretofore duly adopted, the City of San Bernardino hereby
consents to the Assignment and transfer of all right, title and
interest,/as set forth above, this ___~_~___day of
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, 1911
ATTEST:
/~- ~/'}..
,~//"~Yl_} 7/4J?
City Clerk
~ OF SAN BERNARDINO
I~..<)/;?~/
v yn lcox, Mayor
City of San Bernardino
Approved as to form and
legal content:
JFW:ss
November 29, 1988
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