HomeMy WebLinkAbout1984-183
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RESOLUTION NO. 84-183
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A FIRST AMENDMENT TO LEASE WITH MICHAEL W. FINCH AND
LARRY WHITTAKER RELATING TO PARKING SPACES AT THE NORTHEAST
CORNER OF FOURTHfAND "E" STREETS, AND AUTHORIZING CREDITS TO BE
APPLIED TO RENT DEFICIENCIES.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
ISAN BERNARDINO AS FOLLOWS:
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lauthorized and directed to execute on behalf of said City a First
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SECTION 1.
The Mayor of the City of San Bernardino is hereby
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Amendment to Lease with Michael W. Finch and Larry Whittaker
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relating to parking spaces at the northeast corner of Fourth and
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"E" Streets, and authorizing credits to be applied to rent
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deficiencies, a copy of which is attached hereto, marked Exhibit
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"An and incorporated herein by reference as fully as though set
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forth at length.
SECTION 2. The Superintendent of Public Buildings/Parking
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16 Control is aut~orized and directed, after such First Amendment
17 to Lease has been executed, to credit such amounts as are
18 specified in the First Amendment to Lease against rents past due,
19 and to bill the Lessee for all amounts remaining unpaid.
20 I HEREBY CERTIFY that the foregoing resolution was duly
21 adopted by the Mayor and Common Council of the City of San
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Bernardino at a
regular
meeting thereof, held on
the 7th
day of
Hay
, 1984, by the following vote,
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AYES:
Council Members
Castaneda, Reilly, Marks, Quiel
NAYS:
None
ABSENT:
Council Members Hernandez, Frazier, strickler
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The foregoing resolution is hereby approved this
ay
May
, 1984.
pproved as to form:
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torney
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FIRST AMENDMENT TO LEASE
(Northeast Corner of Fourth & "E" Streets)
THIS FIRST A
ENT TO LEASE is made and entered into the
~oJt. day of
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a Lni8ipal
, 1984, by and between the City of
San Bernardino,
corporation, referred to as nLessor",
and liichael W. Finch and Larry Whittaker, referred to as "Lessee",
and amends that certain lease entered into heretofore dated the
1st day of October, 1981, pertaining to property located at the
northeast corner of Fourth and "E" Streets in the City of San
Bernardino.
The parties hereto hereby agree that the certain lease
entered into the lst day of October 1981, between the parties
hereto, is amended by adding the following paragraphs thereto:
"l3. Notwithstanding any provisions hereinbefore set forth,
Lessee shall be entitled to credits against parking district
assessments as the owner of the parking spaces provided for
herein, to the same extent as other building owners in the central
~arking district are given credit for parking spaces provided by
them. The central parking district is that Parking and Business
Improvement Area established by Ordinance No. 27ll, now San
Bernardino Municipal Code Chapter 3.64. These credits shall not
apply to maintenance, operation and security expenses of the
parking district, but only to the charges for acquisition-and
improvement of parking spaces. In the event such credits are not
granted prior to payment of tax billings, such credits shall be
applied as rental payments, and rent amounts due reduced
accordingly in amounts determined by Lessor.
14. To resolve the current dispute between Lessor and
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1 essee, Lessor shall forthwith apply as though paid in rent,
2 those amounts of acquisition and improvement charges assessed by
3 the parking district against the building owned by Lessee.at Fourth
4 and "En Streets, which shall include for the 1981-82 period a
5 deduction of $2,023.39, and for the 1983-84 period a total of
6 $1,987.32 acquisition and improvement charges. These amounts shal
7 be credited against rents due. For the year 1982-83, tax credits
8 were allowed1 therefore no credit shall be given against charges
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10 l5. After allowance of the credits provided for hereinabove,
11 Lessee shall forthwith pay to Lessor all amounts remaining unpaid
12 and due, which payments shall be made not later than ten (10) days
13 of execution of this First Amendment to Lease. Thereafter, all
14 payments shall be made on a current basis.
15 16. Any understandings or assurances to the contrary, Lessor
16 shall not be obligated to provide to Lessee any parking
17 enforcement. Lessor shall provide security within the parking
18 area, to the same extent as provided to other privately operated
19 parking areas within the central parking district.
20 17. Notwithstanding the provisions of paragraph l2, in the
21 event Lessee defaults in the payment of any amount due under this
22 First Amendment to Lease, and fails to make payments due within
23 ten (lO) days after being billed therefor, Lessor shall have the
24 right to immediately terminate the lease, by action of its Mayor
25 and Common Council. Notice of the time and date at which the
26 matter shall be presented to the Mayor and Common Council shall be
27 provided to Lessee, who shall be given the opportunity to appear
28 before the Mayor and Common Council to show cause why, if any, the
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ease should not be forthwith terminated.
l8. In all other respects, the lease executed as of the lst
of October, 1981, shall remain in full force and effect
ccording to its original terms.n
IN WITNESS WHEREOF, the parties hereto have executed this
irst Amendment to Lease effective as of the date first herein
pproved as to form:
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"Lessor"
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nLessee"
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