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HomeMy WebLinkAbout1989-310 1 RESOLUTION NO. 89-310 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO LEASE ("PUBLIC ENTERPRISE 3 CENTER" - CATV STUDIO) BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is 7 hereby authorized and directed to execute on behalf of said City 8 a First Amendment To Lease ("Public Enterprise Center" - CATV 9 Studio) by and between the Redevelopment Agency of the City of 10 San Bernardino and the City of San Bernardino. This First 11 Amendment to Lease is attached hereto marked Exhibit "A" and 14 13 length. 12 incorporated herein by reference as though fully set forth at SECTION 2. The authorization to execute the above- 15 referenced First Amendment To Lease is rescinded if the parties 16 to the First Amendment fail to execute it within ninety (90) 17 days of the passage of this resolution. 18 I HEREBY CERTIFY that the foregoing resolution was duly 19 adopted by the Mayor and Common Council of the City of San 22 23 24 25 26 27 28 Bernardino at a regular 7th day of Auqust to wit: / / / / / / / / / / / / / / / DAB:br 1 July 19, 1989 10 11 RESOLUTrON - AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO LEASE ("PUBLIC ENTERPRISE CENTER" 'CATV'STUDIO) 1 2 AYES: Council Members Estrada, Reilly, Flores, Minor, 3 NAYS: Pope-Ludlam, Miller 4 None 5 ABSENT: Council Member Maudslev 14 Approved as to form and Legal Content: 6 7 8 ~~/~t/ City Clerk f~L The foregoing resolution is hereby approved this 1989. 9 day of August 12 L 'PRO TEMPORE 13 of San Ber 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JAMES F. PENMAN BY: L2-~ CiVttorney DAB:br July 19, 1989 1 FIRST AMENDMENT TO LEASE 2 ("PUBLIC ENTERPRISE CENTER" - CATV STUDIO) 3 4 THIS AMENDMENT TO LEASE entered into this _jf~~ day of ~ ,1989, by and between the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic of 5 6 7 the State of California (hereinafter called "Lessor"), and the 8 City of San Bernardino, a Municipal Corporation (hereinafter 9 called "Lessee"). 10 WITNESSETH: 11 WHEREAS, the parties entered into that certain lease 12 regarding a portion of the building located at 1505 West Highland 13 Avenue, San Bernardino, California, dated July 1, 1988, and 14 WHEREAS, the parties desire to amend said lease relative to 15 the area leased and the lease amount, 16 NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 19 18 read as follows: 17 SECTION 1. Paragraph 1 of said lease is hereby amended to 20 21 22 23 24 25 26 27 28 " 1 . Lessor does hereby demise and let into Lessee the following described premises, to wit: a portion of the building located at 1505 West Highland Avenue, San Bernardino, California, which portion of said building is described as follows: an area of approxi- mately 4,006 square feet on the main floor, the location of which is shown in Exhibit 'A' as amended and attached hereto and incorporated herein. DAB:br July 19, 1989 1 14 15 16 17 18 19 20 21 22 23 1 "TO HAVE AND TO HOLD the same, with the appurtenances 2 thereunto belonging unto the Lessee for and during 3 the term of three years, beginning on the 1st day of 4 August, 1989 and ending on the last day of July, 5 1991, at a rental schedule as more particularly set 6 forth in Exhibit 'B' as amended, attached hereto, and 7 incorporated herein by reference. 8 9 "Upon the expiration of this lease, Lessee has an 10 option to renew for two successive three-year terms 11 subject to the parties using their best efforts to 12 negotiate a mutually agreeable rental rate. 13 "Either party, with or without cause, may terminate this lease effective July 31, 1989, or July 31, 1990, by providing written notice to the other party at least Sixty (60) days prior to such termination date. If Lessor terminates this lease under this provision during the initial three year term, then Lessor shall pay the reasonable relocation expenses for the installed equipment purchased from Carrera Studios." Section 2. Exhibits "A" and "B" attached to the original 24 lease are hereby amended and shall be replaced by Exhibi ts "A" 25 and "B" attached hereto and incorporated herein. 26 Section 3. Except as amended herein, said lease shall 27 remain in full force and effect. 28 DAB:br July 19, 1989 2 . . 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 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Lease effective as of the date first hereinafter written. REDEVELOPMENT AGENCY OF THE CITY OF AN BERNARDINO "Lessor Approved as to form and legal content: CITY OF SAN BERNARDINO "Lessee" By/!JIL~PflI~ ,- y~: PRO 'lkMPORE ATTEST: ~~ - ..ity Clerk Approved as to form and legal Content: JAMES F. PENMAN City Attorney DAB:br July 19, 1989 3 . i e e Ie w ~ z w > < z a: ~ C/) ~ ., I I Lobby I ---~ 5 ~ ! 6 'E w I fIDl HIGHLAND NORTH --- . - ' EXHIBIT "'A" --~------~~------ Patio --I Patio 1 AVENUE PUBLIC ENTERPRISE CENTER , Northwtlt PAC 2 W.atlld. Drop-In Cent.r I CATV . post.r and Utility center I P~P"'I Choice . Ubrary .. . . .. . Redevelopment Agency EXHIBIT liB" e RENTAL SCHEDULE 1st year - $0.71 per square foot per month 2nd year - $0.74 per square foot per month 3rd year - $1.10 per square foot per month Area to be occupied: 1,383 square feet (beginning August 1, 1988) 4,006 square feet (beginning August 1, 1989) Monthly Rent: 1st year - $ 981.93 (beginning August 1, 1988) 2nd year - $3,053.24 (beginning August 1, 1989) 3rd year - $4,406.50 (beginning August 1, 1990) Annual Report: 1st year - $11,783.16 2nd year - $36,638.88 3rd year - $52,879.20 Commencing on the 1st day of August, 1988 and ending on the last day of July, 1991. e The above includes use of security, parking, including supplies, utilities, refuse sewage, and structural insurance expenses. Also includes use of the conference room, multi-purpose meeting room, lobby, display and restrooms. All said rent shall be paid at the office of the Lessor in San Bernardino, California. e