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HomeMy WebLinkAbout2012-088 I RESOLUTION NO. 2012-88 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY O SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE THE 3 SECOND AMENDMENT TO THE FAS STANDARD CONTRACT WITH THE COUNTY OF SAN BERNARDINO FOR THE LEASE OF A PORTION OF THE 4 DELMANN HEIGHTS COMMUNITY CENTER TO BE USED FOR THE HEAD STAR PROGRAM. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CIT 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. That the City Manager is hereby authorized to execute the Second 8 Amendment to the FAS Standard Contract with the County of San Bernardino for the lease of 9 portion of the Delmann Heights Community Center to be used for the Head Start Program, 10 copy of which is attached hereto, marked Exhibit "1" and incorporated herein by reference as 1 I though set forth at length; and 12 SECTION 2. That the authorization granted hereunder shall expire and be void and of no 13 further effect if the Agreement is not executed by both parties and returned to the office of the 14 City Clerk within ninety (90) days following the effective date of the Resolution. 15 16 17 18 19 20 21 22 /// 23 24 I RESOLUTION NO.2012-88 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY O SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE THE 3 SECOND AMENDMENT TO THE FAS STANDARD CONTRACT WITH THE COUNTY OF SAN BERNARDINO FOR THE LEASE OF A PORTION OF THE 4 DELMANN HEIGHTS COMMUNITY CENTER TO BE USED FOR THE HEAD STAR PROGRAM. 5 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an 6 Common Council of the City of San Bernardino at a joint regulameeting thereof, held on the 7 21st day of May 2012, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ x 10 x JENKEQS 11 x VALDIVIA 12 SHORETT x 13 KELLEY x 14 JOHNSON x 15 MCCAMMACK x 16 17 George nn Hanna, City Clerk 18 The foregoing resolution is hereby approved this a�� day of-May , 2012. 19 20 att Moms,'3rayor 21 1 an Bernardino Approved as to form: 22 JAMES F. PENMAN, City At rney 23 B Y 24 no FOR COUNTY USE ONLY New Vendor Code ^ Dept. Contract Number aE oa Change CITYOFSAN772 SIC RNT A 09-830 A-2 EJ Cancel County Department Dept. Orgn. Contractor's License No. Real Estate Services Department RNT RNT County Department Contract Representative Telephone Total Contract Amount County of San Bernardino David H. Slaughter, Director (909)387-5104 $92,360 F A S Contract Type Revenue M Encumbered Unencumbered other STANDARD CONTRACT If not encumbered or revenue contract t rovide reason: Commodity Cade Contract StaDa Date Contract End Date Original Amount Amendment Amount 96164 9/9/09 8/31/13 $69,296 $23,064 SECOND AMENDMENT Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount AAA RNT RNT 200 2905 59002663 $ Fund Dept. Organization Appr. Obj/Rev Source GRC/PROD/JOB No. Amount Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Project Name Estimated Payment Total by Fiscal Year San Bernardino-PSD FY Amount I/D FY Amount I/D 2969 Flores Street 13 23,120.00 I Contract type 5(a) THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County, and Name City of San Bernardino hereinafter called Landlord Address 301 S. "E" Street San Bernardino, CA 92401 Telephone Federal ID No.or Social Security No. (909) 384-5031 IT IS HEREBY AGREED AS FOLLOWS: WHEREAS, the COUNTY and the CITY OF SAN BERNARDINO ("LANDLORD") have previously entered into a Lease Agreement, Contract No. 09-830 (the "Lease"), wherein LANDLORD agreed to lease certain real property to the COUNTY; and, WHEREAS, under the terms of Amendment No. 1 to Lease Agreement, Contract No. 09-830, COUNTY has four(4) one-year options remaining, and, WHEREAS, COUNTY and LANDLORD now desire to amend the Lease to exercise the second one-year option to extend the term from September 1, 2012 (the "Commencement Date of the Second One-Year Extended Term") through August 31, 2013 (the "Expiration Date of the Second One-Year Extended Term"). NOW, THEREFORE, in consideration of mutual covenants and conditions, the parties hereto agree the Lease Agreement, Contract No. 09-830, is amended as follows: Auditor/Controller-Recorder Use Onl 0 Contract Database 0 FAS Input Date Keyed By Page 1 of 2 1. CHANGE that portion of Paragraph 3, TERM, which now reads "...shall commence on September 1, 2011 (the "Commencement Date of the First One Year Extended Term") and end on August 31, 2012 (the "Expiration Date of the First One Year Extended Term')" ... to read ... "shall commence on September 1, 2012 (the "Commencement Date of the Second One Year Extended Term") and end on August 31, 2013 (the "Expiration Date of the Second One Year Extended Term")". 2. EXTEND the term of the Lease pursuant to Paragraph 6, OPTION TO EXTEND TERM, from September 1, 2012 (the "Commencement Date of the Second One Year Extended Term') through August 31, 2013 (the "Expiration Date of the Second One Year Extended Term') at a monthly rate of One Thousand Nine Hundred Twenty-two and 00/100 Dollars ($1,922.00 or$0.89/sq.ft.)for the first twelve (12) months. 3. DELETE in its entirety, Subparagraph 4.a., RENT, and SUBSTITUTE, therefore, the following as a new Subparagraph 4.a. RENT: 4. RENT: a. COUNTY shall pay to CITY the following monthly rental payments in arrears on the last day of each month, commencing when the term commences, continuing during the term. September 1, 2012 thru August 31, 2013—monthly payments of$1,922.00 ($0.89/sq.ft.) 4. All other provision and terms of the Lease Agreement, Contract No. 09-830, as previously amended, shall remain the same and are hereby incorporated by referenced. END OF SECOND AMENDMENT. COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO ► By: ► Josie Gonzales, Chair, Board of Supervisor (Authorized signature-sign in blue ink) Dated: Name: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE Title: CHAIRMAN OF THE BOARD Laura H.Welch Dated: Clerk of the Board of Supervisors of the County of San Bernardino By Address: 301 S. "E" Street. San Bernardino, CA 92401 Deputy Approved as to Legal Form Reviewed by Contract Compliance Presented to BOS for Signature ► ► ► Alan L.Green,County Counsel Department Head Date Date Date Revised 1/11/2011 Page 2 of 2