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HomeMy WebLinkAboutR09-Redevelopment Agency o o 'C I Redevelopment Agency · City of San Bernardino 300 NarIh "D" Saeel. I'aurlh FIoar . Sill JlomInbo, 1".11-' 92418 (714) 384-5011 FAX (714) 888-9413 Prtde~ ~- JULY 19. 1989 CATV LEASE SvnoDsis of Previous Comaission/Council/Coamittee Action 01-19-88 Resolutions 88-16 and 5066 adopted. Execution of lease with Redevelopaent Agency and CATV. Recoa.ended Motion p (MAYOR AND COMMON COUNCIL) Adopt a RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO LEASE ("PUBLIC ENTERPRISE CENTER" - CATV STUDIO) BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARIDNO AND THE CITY OF SAN BERNARDINO. (COMMUNITY DEVELOPMENT COMMISSION) Motion of the Co.aunity Developaent Coa.ission to approve the first ..endaent to the lease by and between the Redevelopment Agency of the City of San Bernardino and the City of San Bernardino. St en H. Dukett, Executive Director Supporting data attached: Yes Ward: 6 ~ ~ FUNDING REQUIREMENTS: None Project: NW Coamission Notes: C SD:EJ:sI:CATV/jh Agenda of: Aultust 7. 1989 Itea No. q . o o 'C Redevelopment Agency STArr REPORT The Cable Access Television (CATV) has approached staff to expand their facilities in the Public Enterprise Center (PEC) located at 1505 West Highland. Staff has prepared an aaendaent to their existing lease and it is recoaaended that the Co..ission approve execution of the aaendaent. On January 19, 1988, the Co..ission approved a lease agreelent between the Agency and the CATV. In accordance with the tel'lS of the lease, the CATV has a right of first refusal to lease additional space. CATV is now requesting that they be allowed to increase their apace fro. 1383 to 4006 square feet. The terls of the lease agree.ent will re.ain the saae as in the original lease except for the expansion of epace and for a clause that provides for a rent increase to $1.10 per square foot during next budget cycle (1990-91). Agency Counsel has approved the proposed lease. This agenda iteR has been reviewed by Ji. Robbins in the City Ad.inistl'ator's office and Dean Gray in Telecoalunications. It is, therefore, reco..ended that the Mayor and Co..on Council as well as the Co.aunity Developlent Coasission approve the execution of the attached lease uendaent. o ( I , . -'"-. o .p p 22 23 24 25 26 o 27 28 o o 1 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO LEASE ("PUBLIC ENTERPRISE CENTER" - CATV STUDIO) BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO. 2 3 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 12 incorporated herein by reference as though fully set forth at 13 length. 14 The authorization to execute the above- SECTION 2. 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 Bernardino at a day of to wit: / / / / / / / / / / / / / / / DAB: br 1 July 19, 1989 . RESOLUTION .....UTHORIZING THE EXECUTION p;;:. A FIRST AMENDMENT '-to LEASE ("PUBLIC ENTERPR~ CENTER" CATV STUDIO) ~ 1 2 AYES: 3 4 NAYS: 5 ABSENT: 6 City Clerk 7 8 The foregoing resolution is hereby approved this 9 day of , 1989. 10 11 12 W.R. Holcomb, Mayor 13 City of San Bernardino 0 14 Approved as to form and Legal Content: 15 JAMES F. PENMAN 16 BY, f).- 2~ 17 18 Ci ttorney 19 20 21 ,- 22 23 24 . , 25 26 C 27 28 DAB: br July 19, 1989 '. c o o o o 1 2 FIRST AMENDMENT TO LEASE ("PUBLIC ENTERPRISE CENTER" - CATV STUDIO) 3 4 THIS AMENDMENT TO LEASE entered into this day of 5 , 1989, by and between the Redevelopment Agency of the 6 City of San Bernardino, a public body, corporate and politic of 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 14 13 Avenue, San Bernardino, California, dated July 1, 1988, and 15 WHEREAS, the parties desire to amend said lease relative to the area leased and the lease amount, 16 NOW. THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 17 SECTION 1. Paragraph 1 of said lease is hereby amended to 18 read as follows: 19 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 c o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 o o "TO HAVE AND TO HOLD the same, with the appurtenances thereunto belonging unto the Lessee for and during the term of three years, beginning on the 1st day of August, 1989 and ending on the last day of July, 1991, at a rental schedule as more particularly set forth in Exhibit 'B' as amended, attached hereto, and incorporated herein by reference. "Upon the expiration of this lease, Lessee has an option to renew for two successive three-year terms subject to the parties using their best efforts to negotiate a mutually agreeable rental rate. "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 Exhibits "A" 25 and "B" attached hereto and incorporated herein. 26 27 28 . Section 3. Except as amended herein, said lease shall remain in full force and effect. DAB:br July 19, 1989 2 , o (.) o 16 17 18 o o 1 2 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Lease effective as of the date first 3 hereinafter written. 4 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO "Lessor" 5 6 7 8 By Executive Director Approved as to form 9 and legal content: 10 11 12 13 14 15 CITY OF SAN BERNARDINO "Lessee" By Mayor ATTEST: City Clerk 19 Approved as to form and legal Content: 20 JAMES F. PENMAN City Attorney 21 22 23 24 25 26 27 28 . DAB: br July 19, 1989 3 ~ &. --_..~-- ......."._~........~.._.__._~.- oeXHIBIT "A" 0 'C ( i ~ -----------------. Patio I ; ~ 1 fjill .........- I I Patio I 0 1 << '. , . . Lobby I ---.. I 5 Ii , 6 i w , HIGHLAND AVENUE o I PUBLIC ENTERPRISE CENTER NORTH ~ , Northwall PAC . POll" and UtIIR1 Cont.r I Wlltlld. Drop-In Con..r . PlOP"" Cholot . CA1V . Llbrarr . - o o Redevelopment Agency C \ EXHIBIT "B" RE~'TAL SCHEDULE 1st year - $0.71 per square foot per aonth 2nd year - $0.74 per square foot per aonth 3rd year - $1.10 per square foot per aonth 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 p Co.mencing on the 1st day of August, 1988 and ending on the last day of July, 1991. 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. , o , " o o Redevelopment Agency o . City of San Bernardino Pride ./ \;T 300 NmIh "0" SIIeel, Fourth Floor . San Bernardino, Cl1ifcmia 92A18 (714) 384-5081 FAX (714) 888-9413 SieveD H. Dukett Elleculive OiJecror JULY 19, 1989 CATV LEASE SYnoDsis of Previous Commission/Council/Committee Action 01-19-88 Resolutions 88-16 and 5066 adopted, Execution of lease with Redevelopment Agency and CATV, Recommended Motion (MAYOR AND COMMON COUNCIL) o Adopt a RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO LEASE ("PUBLIC ENTERPRISE CENTER" - CATV STUDIO) BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARIDNO AND THE CITY OF SAN BERNARDINO, (COMMUNITY DEVELOPMENT COMMISSION) Motion of the Community Development Commission to approve the first amendment to the lease by and between the Redevelopment Agency of the City of San Bernardino and the City of San Bernardino, St en H. Dukett, Executive Director Supporting data attached: Yes Ward: 6 FUNDING REQUIREMENTS: None Project: NW Commission Notes: o SD:EJ:sm:CATV/jh Agenda of: Au~ust 7. 1989 Item No. q - o o Redevelopment Agency STAFF REPORT o The Cable Access Television (CATV) has approached staff to expand their facilities in the Public Enterprise Center (PEC) located at 1505 West Highland. Staff has prepared an amendment to their existing lease and it is recommended that the Commission approve execution of the amendment, On January 19, 1988, the Commission approved a lease agreement between the Agency and the CATV, In accordance with the terms of the lease, the CATV has a right of first refusal to lease additional space, CATV is now requesting that they be allowed to increase their space from 1383 to 4006 square feet, The terms of the lease agreement will remain the same as in the original lease except for the expansion of space and for a clause that provides for a rent increase to $1,10 per square foot during next budget cycle (1990-91), Agency Counsel has approved the proposed lease, This agenda item has been reviewed by Jim Robbins in the City Administrator's office and Dean Gray in Telecommunications, It is, therefore, recommended that the Mayor and Common Council as well as the Community Development Commission approve the execution of the attached lease amendment, o o o o o 10 - o o 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO LEASE ("PUBLIC ENTERPRISE CENTER" - CATV STUDIO) BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO. 3 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 San Bernardino and the City of San Bernardino. This First 11 Amendment to Lease is attached hereto marked Exhibit "A" and 12 incorporated herein by reference as though fully set forth at 14 13 length. 15 SECTION 2. The authorization to execute the above- 16 to the First Amendment f ai 1 to execute it wi thin ninety (90) referenced First Amendment To Lease is rescinded if the parties 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 20 21 Bernardino at a meeting thereof, held on the , 1989, by the fOllowing vote, day of 22 to wit: 23 AYES: 24 25 26 27 28 NAYS: ABSENT: City Clerk DAB:br April 7, 1989 1 o o o 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - RESOllJI'IOO OF M CITY OF SAN BERNARDINO ~ THE EXEOJI'IOO OF A FIRST AMEM'HEI'Wo !..EASE. 1 The foreg01ng re80lut10n 18 hereby approved th18 2 The foreg01ng re801ut10n 18 hereby approved th1s 3 day of , 1989. 4 5 6 Evlyn W1lcox, Mayor 7 C1ty of San Bernard1no 8 Approved as to form and Legal Content: 9 JAMES F. PENMAN BY:~4_ ) ./ CUy Ai: ney - 2 DAB: br AprH 7, 1989 o o o AMENDMENT TO THE LEASE WILL BE DISTRIBUTED AT THE REDEVELOPMENT COMMITTEE MEETING JULY 20, 1989, 4:00 P.M. o o o EXHIBIT "A'" 0 0 w ::> Patio z ~ z a: I fIDl ~ ~ -----------------. I Patio I 1 0 , I I Lobby I ---'" 5 I ! 6 'E w HIGHLAND AVENUE PUBLIC ENTERPRISE CENTER o NORTH ~ , NorIlnNlt PAC . Poat., Ind Utll"~ Canter I w....Ic:I. Drop-In Cant.r . People'. Cholet I CATV . LIbrary - o o Redevelopment Agency EXHIBIT "B" o 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 I, 1988) 4,006 square feet (beginning August I, 1989) Monthly Rent: 1st year - $ 981.93 (beginning August I, 1988) 2nd year - $3,053,24 (beginning August I, 1989) 3rd year - $4,406,50 (beginning August I, 1990) Annual Report: 1st year - $11,783.16 2nd year - $36,638,88 3rd year - $52,879,20 o Commencing on the 1st day of August, 1988 and ending on the last day of July, 1991. 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, o o o o 10 ~ o o 1 2 3 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO LEASE ("PUBLIC ENTERPRISE 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 11 Amendment to Lease is attached hereto marked Exhibit "A" and San Bernardino and the City of San Bernardino. This First 12 incorporated herein by reference as though fully set forth at 14 13 length. 15 SECTION 2. The authorization to execute the above- 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 day of to wit: / / / / / / / / / / / / / / / DAB:br 1 July 19, 1989 o o o 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION - - AUTHORIZING THE EXECUTION OF A FIRST 0'0 LEASE ("PUBLIC ENTERPRD CENTER" 1 2 3 AYES: AMENDMENT CATV STUDIO) 4 NAYS: 5 ABSENT: 6 7 City Clerk 8 The foregoing resolution is hereby approved this day of , 1989. W.R. Holcomb, Mayor City of San Bernardino Approved as to form and Legal Content: JAMES F. PENMAN BY, r!f:..' Z~ Ci ttorney DAB: br July 19, 1989 o o o - ilI1 o o 1 FIRST AMENDMENT TO LEASE 2 ("PUBLIC ENTERPRISE CENTER" - CATV STUDIO) 3 4 THIS AMENDMENT TO LEASE entered into this day of 5 , 1989, by and between the Redevelopment Agency of the 6 City of San Bernardino, a public body, corporate and politic of 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 16 NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: the area leased and the lease amount, 17 SECTION 1. Paragraph 1 of said lease is hereby amended to 18 read as follows: 19 20 21 22 23 24 25 26 27 28 "l. 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 o o o 10 11 12 13 14 15 16 17 18 19 20 21 22 23 o o 1 2 "TO HAVE AND TO HOLD the same, with the appurtenances thereunto belonging unto the Lessee for and during the term of three years, beginning on the 1st day of 3 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 option to renew for two successive three-year terms subject to the parties using their best efforts to negotiate a mutually agreeable rental rate. "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 Exhibits "A" 26 25 and "B" attached hereto and incorporated herein. Section 3. Except as amended herein, said lease shall 27 remain in full force and effect. 28 DAB:br July 19, 1989 2 o o o 22 23 24 25 26 27 28 o 1 2 .J.. ~ JJ o IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Lease effective as of the date first 3 hereinafter written. 4 5 6 7 8 Approved as to form 9 and legal content: 10 11 12 13 14 15 ATTEST: 16 17 18 City Clerk 19 Approved as to form and legal Content: 20 JAMES F. PENMAN City Attorney 21 DAB:br July 19, 1989 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO "Lessor" By Executive Director CITY OF SAN BERNARDINO "Lessee" By Mayor 3 ~ -1 IU _ ..l.. ..L ~ s. 4. OEXHIBIT "A" 0 0 w i ~ z a: I tfDl ~ . ~ --t-- -----------------. Patio I Patio I 0 1 ~ , I I Lobby I ----' 5 6 i w HIGHLAND AVENUE ,0 PUBLIC ENTERPRISE CENTER NORTH ~ , Northnll PAC . '0111' lnet Utlllt~ Cant.r I W""Id. D~n Cant.r I People'. ChoIce I CAtv I Llbr8rr - --- ..I. _ - ~ o o Redevelopment Agency EXHIBIT "B" o RENTAL SCHEDULE 1st year - $0,71 per square foot per month 2nd year - $0.74 per square foot per lonth 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. o 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. 10