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Home My WebLink About2014-165 1 RESOLUTION NO.2014-165 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE THE 3 FOURTH AMENDMENT TO LEASE AGREEMENT 09-830 WITH THE COUNTY 4 OF SAN BERNARDINO FOR THE HEAD START PROGRAM TO UTILIZE A PORTION OF THE DELMANN HEIGHTS COMMUNITY CENTER. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. That the City Manager is hereby authorized to execute the Fourth Amendment 9 to Lease Agreement 09-830 with the County of San Bernardino for the lease of a portion of 10 the Delmann Heights Community Center to be used for the Head Start Program, a copy of 11 which is attached hereto, marked Exhibit "1" and incorporated herein by reference as though 12 13 set forth at length; and 14 SECTION 2. That the authorization granted hereunder shall expire and be void and of no 15 further effect if the Agreement is not executed by both parties and returned to the office of the 16 City Clerk within ninety (90) days following the effective date of the Resolution. 17 18 /// 19 /// 20 /// 21 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 2014-165 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE THE 2 FOURTH AMENDMENT TO LEASE AGREEMENT 09-830 WITH THE COUNTY OF SAN BERNARDINO FOR THE HEAD START PROGRAM TO UTILIZE A 3 PORTION OF THE DELMANN HEIGHTS COMMUNITY CENTER. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a joint r • ,la r meeting 6 7 thereof, held on the 1 61Iclay of Tunp , 2014, by the following vote,to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ x 10 BARRIOS x 11 12 VALDIVIA x 13 SHORETT x 14 NICKEL x 15 JOHNSON x 16 MULVIHILL x 17 18 ■ _ �.,L� •� 19 Geor=ikl Hanna,fty Clerk 20 The foregoing resolution is hereby approved this /7 da of June , 2014. 21 _777_ 22 a-e4o R. Carey Davi , Mayor 23 City of San B-rnardino 24 Approved as to form: 25 Gary D. Saenz, City Attorney 26 B -• '.A• 27 40 28 ,► 2014-165 ORIGINAL FOR COUNTY USE ONLY i973. ❑ New FAS Vendor Code c Dept. A Contract Number gr. R�JARDINO ® Change SC A °��•> ❑ Cancel CITYOFS772 RNT 09-830 A-4 " t] ePro Vendor Number ePro Contract Number 00003036 County Department Dept. Orgn. Contractor's License No. Real Estate Services RNT RNT County Department Contract Representative Telephone Total Contract Amount County of San Bernardino Terry W.Thompson, Director (909)387-5252 $136,952 F A S Contract Type n (Revenue Fl Encumbered n Unencumbered f Other: STANDARD CONTRACT If not encumbered or revenue contract type, provide reason: Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount 96164 9/9/09 8/31/15 $114,656.00 $22,296.00 FOURTH 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/PROJ/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 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 CITY or Landlord Address 300 N. "D" Street San Bernardino, CA 92418 Telephone Federal ID No.or Social Security No. (909) 384-5233 IT IS HEREBY AGREED AS FOLLOWS: WHEREAS, the COUNTY and the City of San Bernardino ("CITY") have previously entered into a Lease Agreement, Contract No. 09-830 (the "Lease"), wherein CITY agreed to lease certain real property to COUNTY; and, WHEREAS, under the terms of the Original Lease Agreement No. 09-830, COUNTY had five (5) one-year option periods available and under the terms of Amendment No. 3 to Lease Agreement, Contract No. 09-830, COUNTY has two (2) one-year options remaining; and, WHEREAS, the COUNTY and CITY now desire to amend the Lease to exercise the fourth one-year option to extend the term from September 1, 2014 (the "Commencement Date of the Fourth One-Year Extended Term") Auditor-Controller/Treasurer Tax Collector Use Only ❑Contract Database ❑FAS EXHIBIT "1" Input Date Keyed By Page 1 of 3 2014-165 • through August 31, 2015 (the "Expiration Date of the Fourth One-Year Extended Term"), while retaining the last one-year option period; and, WHEREAS, the COUNTY and CITY desire to amend the Lease Agreement No. 09-830 to modify Paragraph 3, TERM; and, WHEREAS, the COUNTY and CITY desire to amend the Lease Agreement No. 09-830 to modify Paragraph 4, RENT. NOW, THEREFORE, in consideration of mutual covenants and conditions, the parties hereto agree the Lease Agreement, Contract No. 09-830, is amended as follows: 1. CHANGE that portion of Paragraph 3. TERM, which now reads "...shall commence on September 1, 2013 (the "Commencement Date of the Third One Year Extended Term") and end on August 31, 2014 (the "Expiration Date of the Third One Year Extended Term")..." to read "...shall commence on September 1, 2014 (the "Commencement Date of the Fourth One Year Extended Term") and end on August 31, 2015 (the "Expiration Date of the Fourth One Year Extended Term")...". 2. EXTEND the term of the Lease pursuant to Paragraph 6, OPTION TO EXTEND TERM, from September 1, 2014 (the "Commencement Date of the Fourth One Year Extended Term") through August 31, 2015 (the "Expiration Date of the Fourth One Year Extended Term") at a monthly rate of One Thousand Eight Hundred Fifty-Eight and 00/100 Dollars ($1,858.00 or$0.86/sq.ft.) for twelve (12) months. 3. DELETE, in its entirety, Subparagraph 4.a., RENT, and SUBSTITUTE, therefore the following as a new Subparagraph 4.a., RENT as follows: 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, 2014 thru August 31, 2015—monthly payments of$1,858.00 ($0.86 psf) THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Revised 1/8/13 Page 2 of 3 2014-165 4. All other provisions and terms of the Lease Agreement, Contract No. 09-830, as previously amended, shall remain the same and are hereby incorporated by reference. END OF FOURTH AMENDMENT. COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO ► By ► Janice Rutherford, Chair, Board of Supervisors s (Authorized signature-sign in blue ink) Dated: Name: Allen J. Parker SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE Title: City Manager CHAIRMAN OF THE BOARD Laura H. Welch Dated: Clerk of the Board of Supervisors of the County of San Bernardino Approved as to form: GARY D. SAENZ, City Attorney By: (Authorized signature-sign in blue ink) Name: Gary D. Saenz (Print or type name of person signing contract) Title: City Attorney (Print or Type) Dated: By Address: 300 N. "D" Street Deputy San Bernardino, CA 92418 Appro d as to L al Reviewed by Contract Compliance Presented to BOS for Signature Alan L.Gree , Deputy C ounty ounsel Terry W.Thompson,Director,Real Estate Services Dept. zippy Date Date Date Revised 1/8/13 Page 3 of 3 2014-165 ' r _y ORIGINAL FOR COUNTY USE ONLY ❑ New FAS Vendor Code Dept. Contract Number SAN ER�JARDINO ® Change 1 ❑ CITYOFS772 SC RNT A 09-830 A-4 Cancel ePro Vendor Number ePro Contract Number 00003036 County Department Dept. Orgn. Contractor's License No. Real Estate Services RNT RNT County Department Contract Representative Telephone Total Contract Amount County of San Bernardino Terry W.Thompson, Director (909)387-5252 $136,952 F A S Contract Type [� (Revenue 1 Encumbered 17 Unencumbered El Other: STANDARD CONTRACT If not encumbered or revenue contract type,provide reason: Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount 96164 9/9/09 8/31/15 $114,656.00 $22,296.00 FOURTH 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/PROJ/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 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 CITY or Landlord Address 300 N. "D" Street San Bernardino, CA 92418 Telephone Federal ID No.or Social Security No. (909) 384-5233 IT IS HEREBY AGREED AS FOLLOWS: WHEREAS, the COUNTY and the City of San Bernardino ("CITY") have previously entered into a Lease Agreement, Contract No. 09-830 (the "Lease"), wherein CITY agreed to lease certain real property to COUNTY; and, WHEREAS, under the terms of the Original Lease Agreement No. 09-830, COUNTY had five (5) one-year option periods available and under the terms of Amendment No. 3 to Lease Agreement, Contract No. 09-830, COUNTY has two (2) one-year options remaining; and, WHEREAS, the COUNTY and CITY now desire to amend the Lease to exercise the fourth one-year option to extend the term from September 1, 2014 (the "Commencement Date of the Fourth One-Year Extended Term") Auditor-Controller/Treasurer Tax Collector Use Only ❑Contract Database ❑FAS EXHIBIT "1" Input Date Keyed By Page 1 of 3 2014-165 r h through August 31, 2015 (the "Expiration Date of the Fourth One-Year Extended Term"), while retaining the last one-year option period; and, WHEREAS, the COUNTY and CITY desire to amend the Lease Agreement No. 09-830 to modify Paragraph 3, TERM; and, WHEREAS, the COUNTY and CITY desire to amend the Lease Agreement No. 09-830 to modify Paragraph 4, RENT. NOW, THEREFORE, in consideration of mutual covenants and conditions, the parties hereto agree the Lease Agreement, Contract No. 09-830, is amended as follows: 1. CHANGE that portion of Paragraph 3. TERM, which now reads "...shall commence on September 1, 2013 (the "Commencement Date of the Third One Year Extended Term") and end on August 31, 2014 (the "Expiration Date of the Third One Year Extended Term")..." to read "...shall commence on September 1, 2014 (the "Commencement Date of the Fourth One Year Extended Term") and end on August 31, 2015 (the "Expiration Date of the Fourth One Year Extended Term")...". 2. EXTEND the term of the Lease pursuant to Paragraph 6, OPTION TO EXTEND TERM, from September 1, 2014 (the "Commencement Date of the Fourth One Year Extended Term") through August 31, 2015 (the "Expiration Date of the Fourth One Year Extended Term") at a monthly rate of One Thousand Eight Hundred Fifty-Eight and 00/100 Dollars ($1,858.00 or$0.86/sq.ft.) for twelve (12) months. 3. DELETE, in its entirety, Subparagraph 4.a., RENT, and SUBSTITUTE, therefore the following as a new Subparagraph 4.a., RENT as follows: 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, 2014 thru August 31, 2015—monthly payments of$1,858.00 ($0.86 psf) THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Revised 1/8/13 Page 2 of 3 . 2014-165 , +A 4. All other provisions and terms of the Lease Agreement, Contract No. 09-830, as previously amended, shall remain the same and are hereby incorporated by reference. END OF FOURTH AMENDMENT. COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO ■ &Mt - 11A-t6ZAttek By ' 1V.'Janice Ru erford, Chair, Board of Supe rs i (Authorized signature sign in blue ink) Dated: JUL 0 8 2014 Name: Allen J. Parker SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE Title: City Manager CHAIRMAN OF THE BOARD June 16, 2014 Laura H. Welch Dated: Clerk of the Board of Supervisors of the County of San Bernardino Approved as to form: of SUPG GARY D. SAENZ, City Attorney js • Ct • ' ��oo "� �s •• uthorized signature-sign in blue ink)A. : ..,,.. , �iirts�'rtnnn • . '': , � . N G . Saenz • to 17 *t • (Print or type name of person signing contract) •.��,�' . Title: City Attorney �N 9 C°�• Dated: June 16, 201'tintorType) M,mss By - ?1 411Stif Address: 300 N. "D" Street Deputy San Bernardino, CA 92418 Appro d as to L al Reviewed by Contract Compliance Prese to BO r Signature r Alan L.Gree , Deputy County ounsel Terry W.Thom..,Dir ,ctor, eal Estate Services Dept. Date yppy Date Date a r' Revised 1/8/13 Page 3 of 3 1' 1_ f w • �Ir _ a o N, .... , -., 1 4I pe AV NOLONt��'� %//' r IN AV O3Id N ,NA. co4" Iii ''''' ;°--.V), %nit,. -Y.- V i1' %1 lipppr - ...0.- -'----"-- • OA tli .C1.[E v m s,r-S�R� 1 / et• AVM as t. a r7a XI ri.. . • tn io � o /.. , 7V 'ea lirc' z 90 J IISH04%..., tn tt •E" c, �p�tMA - k g ,, ,,. ., ,a• Wfz] ni NMI* b 3�� mooim p15 z .1S S3013;- Z •a y P/ S32O13 ►. w X 03 `" _ n U W a W - VI NVAIASNN3d O s a VIM/Al/Stet °r" - AV s!O 1 a M3IA 3190�� is .'° oocz c> by r • C • r U c, t M io w xi AV "' VNOZ I bt! N H X c�/I Ad s „.,i;. ,if I...1:!4,2?RNIA AQUEDUCT ,i t MINI11111111111 i___�____ !\11111•L1l•11y,i, C, cc 1 N LLI N j N E! vg' , 0 j a. " 1S Abb3X 3` co MACY ST 1 ` 109Z 1 004+Z 4 t E • 1- � , mi Flo 4 oC 0-1 ,L el 4� G .