HomeMy WebLinkAbout18- Development Services • l
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: MICHAEL E. HAYS,Director Subject: RESOLUTION-Authorize
Execution of an Amendment to Lease-
Dept: Development Services Junior All-American Football-- 1244
W. 9th Street.
Date: January 20,2000 o R 1 U 11 A L File No.15.06-121
Synopsis of Previous Council Action: MCC Date: 01-24-2000
12/06/82 ---Execution of five year lease with San Bernardino Junior All-American Football,
from 12/01/82 through 11/30/87.
04/04/88 ---Execution of five year lease with San Bernardino Junior All-American Football,
from 12/01/87 through 11/30/92.
09/11/92 --- Execution of two year lease with San Bernardino Junior All-American Football,
from 12/01/92 through 11/30/94.
03/30/95 ---Execution of three year First Amendment to lease with San Bernardino All-
American Football,from 12/01/94 through 11/30/97.
12/15/97—Resolution No. 97-64 was adopted, authorizing 5 year lease with Junior All—
American Football
01/10/2000—City Attorney was directed to prepare lease amendment to change the rate of
Junior All-Americans lease payments to $1.00 per year.
Recommended Motion:
ADOPT RESOLUTION i
Michael V. Hays
Contact person: LASZLO "Les"FOGASSY Phone: 5026
Supporting data attached: Staff Report,Map, Res. Ward: 6
Agreement
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.) N/A
(Acct. Description) N/A
Finance:
Council Notes:
Agenda Item No. 12
iJzy/a0
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution--Authorize Execution of an Amendment to Lease --Junior All-American Football --
- 1244 W. 9" Street.
BACKGROUND:
Since 1982, Junior All American Football has been leasing a City owned building located at
1244 W. 9th Street. The building is a former library and is located in Encanto Park.
The original lease term was for 5 years at $50 per month. In 1988, the lease was renewed for
another five years, and the rate increased to $75 per month. When the lease came up for renewal
in 1992, it was recommended that the lease be increased to a fair market value lease of$300 per
month. The director of Junior All American Football requested, through then Councilwoman
Pope-Ludlam,that the lease remain at $75 due to financial hardships. The lease was extended for
a two year period at the previous rate of$75 per month. In 1994, the lease was extended for an
additional 3 years and the rate increased to $100 per month. The last, and most current lease
agreement was executed in 1997 for a period of 5 years at the monthly rate of$100. This lease is
due to expire 11/30/2000.
Due to financial hardships, the lessee has fallen behind in lease payments and has recently
requested a reduction of the lease payments from $100 per month to $1 per year. Additionally,
the lessee requested that past due lease payments for 11/99, 12/99 and 01/2000 be forgiven. On
01/10/2000, the City Attorney's office was directed to prepare a lease amendment to change the
lease payments from $100 per month to $1 per year. The past due lease payments were also
forgiven. The attached resolution authorizes the execution of an Amendment to the Lease,
changing lease payments to a dollar a year. The amendment also changes the term to extend the
lease for 5 years beyond its current expiration date of 11/30/2000. All other requirements of the
lease, including the requirement for liability insurance, remain the same.
FINANCIAL IMPACT:
Reduction of lease revenue from$1200 per year to $1 per year.
RECOMMENDATION:
Staff recommends that the resolution authorizing the execution of an Amendment to Lease be
approved.
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1 RESOLUTION NO.
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
3 BERNARDINO AUTHORIZING EXECUTION OF AN AMENDMENT TO THE LEASE
AGREEMENT WITH SAN BERNARDINO JUNIOR ALL-AMERICAN FOOTBALL FOR THE
4 PROPERTY LOCATED AT 1244 WEST NINTH STREET.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor is hereby authorized to execute an Amendment to the Lease
8 Agreement with San Bernardino Junior All-American Football for property located at 1244 West
9
10 Ninth Street. A copy of the Amendment to the Lease Agreement is attached as Exhibit 1 and
11 incorporated herein by reference.
12 SECTION 2. Authorization to execute the Amendment to the Lease Agreement is
13 rescinded if the parties fail to execute it within 60 days of the passage of this Resolution.
O 14
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28 HEAcm1r .ro tballl (�
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO AUTHORIZING EXECUTION OF AN AMENDMENT TO THE LEASE
AGREEMENT WITH SAN BERNARDINO JUNIOR ALL-AMERICAN FOOTBALL FOR THE
3 PROPERTY LOCATED AT 1244 WEST NINTH STREET.
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino, at a meeting held on
7 the day of 2000, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9
10 ESTRADA
11 LIEN
12 MCGINNIS
13 SCHNETZ
14 SUAREZ
15 ANDERSON
16
17 MILLER
18
City Clerk
19
The foregoing resolution is hereby approved this day of
20 2000. _
21
Judith Valles, Mayor
22 City of San Bernardino
Approved as to form
23 and legal content:
24 JAMES F. PENMAN,
25 City Attorney
26
27 By.
28 a Ire f_tb.ul
2
2000-12
AMENDMENT TO LEASE AGREEMENT
This Amendment to Lease Agreement is made as of this 24th day of aaauary
2000, by and between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter
referred to as "Lessor", and SAN BERNARDINO RJNIOR ALL-AMERICAN FOOTBALL,
hereinafter referred to an "Lessee".
WHEREAS the parties have previously executed a Lease Agreement dated December 1,
1997, a copy of which is attached and incorporated herein as Exhibit "A" , for that certain property
and structure located at 1244 West Ninth Street, in the city of San Bernardino;
NOW, THEREFORE, the parties hereby mutually agree to an amendment to said Lease
Agreement as follows:
1. SECTION 2. Term is amended to add the following:
"The term of this lease shall be extended for five years commencing November 30, 2000 and
ending November 30, 2005."
2. SECTION 3. Rental Payments is amended to add the following:
"Lessor agrees to forgive Lessee's monthly rental payments of $100.00 for each of the
months of November and December 1999, and January 2000. Lessor also agrees to reduce
Lessee's rental payments to $1.00 annually beginning February 1, 2000. Said annual rental
payment shall be paid on or before February 1 of each year that the Lease Agreement is in
effect."
3. All other terms and conditions of the Lease Agreement shall remain in effect.
EXHIBIT "1"
H E/dcm agrmt.football)
A
2000-12
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
as first written above.
LESSOR: CITY OF SAN BERNARDINO
DATED:
Gordon McGinnis
Mayor Pro TP
DATED: D/ 2G Do L ,o f4 C2eyck
City lerk
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By:
LESSEE: SAN BERNARDINO JUNIOR ALL-AMERICAN FOOTBALL
DATED: BY
Title:
I
By:
Title:
HE/dcm ag mt.fwtba11l
.4
2000-12
1 LEASE AGREEMENT -LEASE NO. 15.06-121
2
3 This Lease is made as of this / day of i� ,�„ 199 '7 , by and between
4 the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as
5 "Lessor", and SAN BERNARDINO JUNIOR ALL-AMERICAN FOOTBALL, hereinafter
6 referred to as "Lessee".
7
Recitals
8
9 This Lease is made and entered into with respect to the following facts:
10 WHEREAS, Lessor is the owner of the property herein described as a portion of Lot 8,
11 Block 19, Rancho San Bernardino, as per Map recorded in Book 7 of Maps, Page 2 records of
12 the County Recorder of San Bernardino County, and the structure commonly known as 1244
13 West Ninth Street; and
14 WHEREAS, said structure is not now needed for municipal use and is not considered
15
for municipal use during the term hereof; and
16
17 WHEREAS, Lessee desires the use of said structure,
18 NOW, THEREFORE, in consideration of the rental hereafter reserved and agreed to
19 be paid to Lessor by Lessee and the mutual promises, obligations, agreements and covenants
20 hereinafter set forth and the faithful performance thereof, the parties hereby mutually agree as
21 follows:
22 1. Property Leased.
23
24 Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, that certain
25 property and structure, as is, located East of Mt. Vernon Avenue, on the North side of Ninth
26 Street, commonly known as 1244 West Ninth Street, in the City of San Bernardino, County of
27 EXHIBTT 'W'
428
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2000-12 --
1 San Bernardino, State of California, together with the exclusive use of the parking facilities
2 adjoining said structure. Said property is attached Exhibit "A".
3
4 2. Term.
5 The term of this lease shall be for a period of three (3) years commencing December 1,
6 1997 and ending November 30, 2000.
7 3. Rental Payments.
8
9 Lessee agrees to pay and Lessor agrees to accept as rental for said premises during the
10 term hereof, a monthly rental of One Hundred dollars ($100.00). Said rental payments shall
11 be paid on or before the first Monday of each month and made payable to the Lessor,
12 Attention: Real Property Section, 300 North "D" Street, San Bernardino, CA 92418.
13 4. Use of Premises.
14 The premises are leased to the Lessee for use as an office, a meeting place, and for
15
16 storage of equipment, materials, and supplies utilized by Lessee. Lessee agrees not to use the
17 premises, nor to permit their use or the use of any part of them, for any other purpose. No
18 organized athletic contact shall be allowed on the premises.
19 5. Termination.
20 This Lease shall be terminable at the option of either party upon the service of thirty
21 (30) days advance written notice of such termination to the other party. Upon termination of
22 this Lease, Lessee shall surrender the ro e
p p rty occupied by this Lease in as good condition as
23
it was at the time Lessee took possession, subject to the conditions herein set forth.
24
25 6. Improvements.
26 Lessee shall not make, or suffer to be made, any alterations to the leased premises, or
27 any part thereof, without the prior written consent of Lessor. Any and all alterations and/or
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2000-12
1 improvements made to the demised premises pursuant to this section shall, upon termination
2 of this Lease agreement, remain as a part of the premises and at no cost or obligation to the
3 Lessor.
4
5 7. Maintenance and Operation.
6 Lessee is familiar with the leased premises and has knowledge of the present
7 conditions that exist thereon. Lessee shall, at Lessee's own cost and expense, keep and
8
9 maintain all improvements thereon in good condition and repair, both as to the exterior and
10 interior portions thereof. Lessee shall provide or cause to be provided, all security services,
11 custodial services, janitorial services, lawn maintenance services, and weed abatement
12 services that are required for the proper care and use of the premises. Lessee shall use all
13 reasonable precaution to prevent waste, damage or injury to the property. Lessor shall, at
14 any reasonable time, have the right to go upon the property and inspect and examine the same
15 relative to such maintenance and upkeep.
16
S. Utilities.
17
18 Lessee shall pay for all electricity, gas, water, refuse service, telephone service, and all
19 other services and utilities, including service installation fees and charges for such utilities
20 Which are not or may hereafter be provided to the leased premises as to any charges or fees
21 accruing during the term of this Lease. If Lessee desires additional utilities and/or utility
22 services to the premises, Lessee must first obtain written consent from Lessor.
23
9. Ownership.
24
25 Lessee acknowledges Lessor's title, paramount interest and ownership of the subject
26 property, and Lessee agrees never to claim, challenge, or contest said title, ownership or
27 interest of Lessor.
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2000-12
1
2 10. Taxes/Possessory Interest.
3 Lessee covenants during the term of this Lease to pay, when due, all tares and
4
5 assessments that may be assessed or imposed upon the Lessee's possessory interest in and to
6 the premises and upon personal property located on the leased premises. During Lessee's
7 possession and use of the leased premises, should any tares thereon be assessed against
8 Lessor, Lessee agrees to indemnify Lessor thereon.
9 11. Amendment.
10 This agreement may be amended or modified only by written agreement signed by
11 both parties.
12
12. Insurance.
13
14 (a) Fire. Lessee agrees to procure and maintain in force during the term of this
15 agreement and any extension thereof, at its expense, a policy or policies of insurance whereby
16 the CITY OF SAN BERNARDINO will be named as the primary insured against loss or
17 damage to the leased premises, appurtenances and permanent equipment therein, resulting
18 from fire, windstorm and extended perils, in a minimum amount of$100,000.00. Damage
19 from lightning, vandalism, malicious mischief and such perils ordinarily defined, as "extended
20
21 coverage" shall be included in such coverage. The insurance policy shall be issued in the
22 names of Lessor and Lessee. The insurance policy shall provide that any proceeds shall be
23 made payable solely to the Lessor, or, alternatively, to Lessor and Lessee, as their
24 interests may appear.
25 (b) Liability. Lessee agrees to procure and maintain in force during the term of this
26 lease and any extension thereof, at its expense, public liability insurance in companies and
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1 through brokers approved by Lessor through its Risk Manager, adequate to protect against
2 liability for damage claims through the Lessee's use of or arising out of the use of the leased
3 premises, in a minimum amount of ONE MILLION DOLLARS ($1,000,000.00)
4
5 combined single limit. Lessee shall provide to Lessor's Risk Management Division, an
6 annual policy of insurance, which includes:
7 1. The City of San Bernardino as an additional named insured;
8 2. The insurance company name, policy number,period of coverage and the amount
9 of insurance;
10 3. That the Real Property Section of the City of San Bernardino must be given notice,
11 in writing, at least thirty rty (30) days prior to cancellation, material change or refusal to renew
12
policy; and
13
14 4. Condition that Lessee's insurance will be primary to any coverage that Lessor may
15 have in effect.
16 Lessee agrees that, if such insurance policies are not kept in force during the term of
17 this lease, and any extension thereof, Lessor may have the option of one of the following:
13 (a) Procure the necessary insurance, pay the premium therefor, and that such premium
19
20 shall be repaid to Lessor as an additional rent installment for the month following the date on
21 which such premium is paid.
22 (b) Immediately declare this Lease in default, and terminate this Lease forthwith.
23 13. Damage by Fire Earthquake or Calamity.
24 If by earthquake, flood or other similar calamity or act of God, or if by fire, act of war
25 or other similar cause, any existing improvements, or any improvements constructed by
26 Lessee on the leased property are destroyed or damaged to a substantial degree, Lessee shall
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1 repair them when such repairs can be made in conformity with any applicable law, and if
2 within ninety (90) days after the date when such destruction or damage occurs, Lessee has
3 not commenced repair or reconstruction, the Lessor may terminate this Lease upon forty-
4
5 five (45) days' written notice to Lessee. If so terminated, then Lessee shall, at its own
6 expense, and upon election by Lessor, forthwith remove any or all of the damaged
7 improvements.
g 14. Indemnification.
9 Lessee shall exercise its privileges under this Lease at its own risk. Lessee shall
10 indemnify and hold harmless Lessor, its elective and appointive boards, commissions,
11
officers, agents and employees from liability resulting from, arising out of, or in any way
12
13 connected with, the Lessee's operations under this agreement or Lessee's occupation of
14 the property, including claims resulting from the conduct of Lessee, its employees,
15 invitees, guests or agents of Lessee, or Lessee's failure to perform its promises in connection
16 herewith. Lessee shall defend Lessor, its elective and appointive boards, commissions,
17 officers, agents, and employees from any suits or actions at law or in equity for damages
18 caused, or alleged to have been caused, by reason of any of Lessee's operations under this
19
20 agreement. Lessor shall not be liable to Lessee if Lessee's occupation or use of the property
21 is hindered or disturbed.
22 15. Notices.
23 All notices herein required shall be in writing and delivered in person or sent by
24 certified mail, postage prepaid, addressed as follows:
25
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2000-12
1
2
3 LESSOR: LESSEE:
4 CITY OF SAN BERNARDINO SAN BERNARDINO JUNIOR ALL AMERICAN
Real Property Section FOOTBALL
5 300 North "D" Street 1244 West 9th Street
San Bernardino, CA 92418 San Bernardino, CA 92411
6 (714) 384-5111
(714) 889-7717
7
8 16. Condition of Property Upon Surrender.
9 Upon termination of this agreement, Lessee agrees to surrender the said property
10 occupied under the Lease herein anted, in as
8r good condition as same was at the time
11 of Lessee's original entry. Lessor may elect to take possession of and appropriate to itself
12
13 without payment any property of Lessee, or anyone claiming under Lessee, which Lessee
14 fails to remove after notice.
15 17. Severability.
16 In the event this agreement, or any portion thereof, should be determined to be
17 void, illegal or improper, for any reason whatever, all other portions of the agreement shall
18 remain fully enforceable to the extent possible after such determinations.
19
18. Default.
20
21 In the event Lessee shall be in default in the payment of rentals, taxes, or other charges
22 hereunder, or shall otherwise breach its covenants or obligations hereunder, and shall be and
23 remain in default for a period of thirty (30) days after written notice from Lessor to it of
24 such default, Lessor shall have the right and privilege of terminating this Lease and
25 declaring the same at an end, and of entering upon and taking possession of said premises,
26 and shall have the remedies now or hereafter provided by law for recovery of rent and/or
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1 taxes, repossession of the premises and damages occasioned by such default. If such default
2 should occur, then Lessor shall have the right to take possession of and appropriate to itself
3 without payment therefor, any property p rty of Lessee or anyone claiming under him, then
4
remaining on said premises.
5
6
7
g 19. Effect of Lessor's Waiver.
9 Lessor's waiver of breach of one term, covenant, or condition of this Lease is not a
10 waiver of breach of others, nor of subsequent breach of the one waived. Lessor's acceptance
11 of rent installments after breach is not a waiver of the breach, except of breach of the
12
13 covenant to pay the rent installment or installments accepted.
14 20. Duty to Make Alterations Additions or Changes Required by Law.
15 If, during the term of this Lease, any law, regulation, or rule requires that an
16 alteration, addition, or other change be made to the leased premises, the parties agree as
17 follows:
18 (a) If the alterations, additions, or changes are required as a result of Lessee's use of
19
20 the premises, Lessee will make them and bear all expense connected therewith.
21 (b) If the alterations, additions, or changes are required as a result of the condition or
22 nature of the premises at the time of execution of this Lease, not caused by use of the
23 premises by Lessee, Lessor will make them and bear all expense connected therewith.
24 21. Inspections.
25 Lessor, its agents, officers, or employees may enter upon the leased premises at such
26 reasonable times during Lessor's normal business hours as it deems necessary for the
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2000-12
1 purpose of inspection of the premises to determine whether the terms and conditions of this
2 Lease are being performed and kept by Lessee.
3 22. Non-Discrimination.
4
5 The Lessee hereby covenants by and for itself, its heirs, executors, administrators,
6 employees, agents, and assigns, and all persons claiming under or through it, that there shall
7 be no discrimination against or segregation of any person or group of persons, on account of
8 race, color, religion, sex, national origin, ancestry, age, or handicap, in the leasing,
9 subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased,
10 nor shall the Lessor itself, or any person claiming under or through it, establish or permit any
11 such practice or practices of discrimination or segregation with reference to the selection,
12
13 location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, agents,
14 employees, assigns, or vendees in the premises herein leased.
15 23. Assienments: Sole Occupancy.
16 Lessee shall not assign this Lease or sublet the leased premises or any part thereof
17 without obtaining the prior written consent of the Lessor. The parties contemplate that
18 Lessee shall be the sole occupant of these premises, and the rental rate is established
19
based in part thereon. Any change in occupancy constitutes a material breach of this
20
21 agreement.
22 24. Eminent Domain.
23 If the whole of the leased premises, or so much thereof as to render the remainder
24 unusable for the purposes for which the same was leased, shall be taken under the power of
25 eminent domain, then this Lease shall terminate as of the date possession shall be so taken.
26 If less than the whole of the leased premises shall be taken under the power of eminent
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1 domain, and the remainder is usable for the leased purposes, then this Lease shall continue in
2 full force and effect and shall not be terminated by virtue of such taking and the parties
3 may waive the benefit of any law to the contrary, in which event the parties shall determine
4
5 if a partial abatement of the rent hereunder is justified. Any award made in eminent domain
6 proceedings for the taking or damaging of the leased premises in whole or in part shall be
7 paid to the Lessor (together with any other money which shall be or may be made available
8 for such purposes).
9 25. Lease Breached by Lessee's Receivership Assignment for Benefit of Creditors
10 Insolvency, or Bankru tc .
11 Appointment of a receiver to take possession of Lessee's assets, Lessee's general
12 assignment for benefit of creditors, or Lessee's insolvency or taking or suffering action under
13 the Bankruptcy Act is a breach of this Lease and shall terminate same.
14 26. Lease Applicable to successors Etc.
15
16 This Lease and the terms, covenants and conditions hereof apply to, and are binding
17 on the heirs, successors, executors, administrators and assigns of the parties hereto.
18 27. Entire Agreement/Lease.
19 This document represents the entire, total, and complete agreement and no other
20 written and/or oral agreements exist in this regard.
21
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1 IN WITNESS WHEREOF,the parties hereto have executed this agreement on the date
first above written.
2
3 LESSOR: CITY OF SAN BERNARDINO
4
5 DATED:
6 TOM MINOR, Mayor
7
8
ATTEST:
9
10 DATED:
11 RACHEL CLARK, City Clerk
12
13 LESSEE: SAN BERNARDINO JUNIOR ALL AMERICAN
14 FOOTBALL
7
15 DATED: 1111118 By:
16
Title:
17
18 9 —
19
Title: 711,r✓-
20
21
Approved as to form
and legal content:
23
JAMES F. PENMAN,
24 City Attorney
25
26 By.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION \
From: Councilwoman Betty Dean Anderson Subject: Junior All-American Football
Dept: Council Office
Date: December 28, 1999
Synopsis of Previous Council Action:
Recommended Motion:
That San Bernardino Junior All-American Football be granted the use of property
located at 1244 W. 9th Street at the rate of$1.00 (one dollar) annually.
Signature
Contact Person: Councilwoman Anderson Phone: 5378
Supporting Data Attached: Ward: 6
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
-Finance:
Council Notes: �Q / ��-� "2 /e- el/ I D /-z"06
0
�//s�/s7QD C1
Agenda Item No._ ��
SAN BERNARDINO
JUNIUC CLL - FIMCCICUN FCUT13CUU
1244 West 9th Street, San Bernardino, CA 92411
P.O. Box 7015, San Bernardino, CA 92411
Y J (909) 889-7717 /
December 10, 1999
-- _ Betty D. Anderson
'I Sixth Ward Councilwoman
City of San Bernardino
Aw Council Chamber
300 North "D" Street
San Bernardino, CA 92418
Councilwoman Anderson,
The San Bernardino Junior All American Football Chapter is a
nonprofit, community based organization that provides and
represents a supervised, contact football sports program for
of
pSan1Bernardino boys and girls for over 20 years in the City
Junior All American Football is requesting the use of city
property located at 1244 West 9th Street, in San Bernardino,
at the rate of $1 .00 (one dollar) annually.
San Bernardino Junior All American Football Chapter will comply
with all necessary operating functions such as lighting, water,
gas and refuse accordingly. Subsequently, Junior All American
will service and/or provide minor repairs to the above-mentione
property location.
Respectfully,
Alvin Simpson,
Commissioner
San Bernardino Junior
All American Football Chapter
Page 1 of 1
Wages_Ja
From: Fogassy_Le
Sent: Wednesday, January 05, 2000 2:14 PM
To: Wages_Ja
Subject: FW: Jr. All American Football lease
-----Original Message-----
From:Fogassy_Le
Sent: Wednesday,January 05,2000 8:54 AM
To: Wilson Fr
Cc: Hays_Mi;Casey_Ra
Subject:Jr.All American Football lease
As per your request, below is a summary of the lease agreement between the City and Junior All American
Football:
Since 1982, Junior All American Football has been leasing a City owned building located at 1244 W. 9th Street.
The building is a former library and is located in Encanto Park.
The original lease term was for 5 years at$50 per month. In 1988, the lease was renewed for another five
years, and the rate increased to$75 per month. When the lease came up for renewal in 1992, it was
recommended that the lease be increased to a fair market value lease of$300 per month. The director of
Junior All American Football requested, through then Councilwoman Pope-Ludlam, that the lease remain at
$75 due to financial hardships. The lease was extended for a two year period at the previous rate of$75 per
month. In 1994, the lease was extended for an additional 3 years and the rate increased to$100 per month.
The last, and most current, lease agreement was executed in 1997 for a period of 5 years at the monthly rate
of$100. This lease is due to expire 11/30/2000.
Since the original lease, all agreements contain language that states that the lessee is responsible for
maintenance and repair of the facilities. The City's only responsibility for repairs would be in cases of health
and safety issues, such as electrical or major structural problems. During the course of this lease there have
been several instances where the lessee has asked for a reduction in or deference of lease payments due to
financial hardships. Over the past few years, the payments are consistently behind. The last payment was
made on 12/3/99, but they are still due for the the 11/1/99, 12/1/99 and 1/112000 lease payments. Their
present insurance policy does not expire until 7/15/2000.
Although the agreement requires the lessee to to maintenance and repairs,we are not aware of any repairs
they have done. Over the years we have encouraged the organization to apply for CDBG funds for needed
repairs and in 1997 even helped them prepare the application, which was never turned in by them.
Please let me know if you need any additional information.
Laszlo "Les"Fogassy, Real Property Official
Development Services/Public Works Division
City of San Bernardino
300 N. "D" Street
San Bernardino, CA 92418
Tel: (909) 384-5026 1384-5111 Fax: (909) 384-5155
01/05/2000
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CI BERNARDINO soO NORTH"D"STREET, SANBERNARDINO, CALIFORNIA 92418
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R A C H E L C L A R K
C I T Y C L E R K
January 26, 2000
Mr. Alvin Simpson, Commissioner
San Bernardino All American Football
1244 West 9" Street
San Bernardino, CA 92411
Dear Mr. Simpson:
At the Mayor and Common Council meeting of January 24, 2000, the City of San
Bernardino adopted Resolution 2000-12—Resolution authorizing an agreement with San
Bernardino Junior All American Football for the property at 1244 West 9a' Street.
Enclosed is one (1)original agreement. Please sign in the appropriate location and return
the original agreement to the City Clerk's Office, Attn: Melanie Miller, P. O. Box 1318,
San Bernardino, CA 92418 as soon as possible.
Please retain a copy of the executed agreement for your files.
Please be advised that the documents are null and void if not fully executed and
returned to this office within sixty (60) days—March 24, 2000.
If you have any questions, please do not hesitate to contact me at (909) 384-5002.
Sincerely,
Melanie Miller
Senior Secretary
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