HomeMy WebLinkAbout38- Administration CITY OF SAN BERNDINO - REQUEST F'3R COUNCIL ACTION
From: Shauna Clark Subject: Request to modify existing lease for
A SPECIAL PLACE -- Terry Field, Museum
Dept: Administration Director
Date: 6/28/93
Synopsis of Previous Council action:
June 7, 1993 Mayor and Council authorized that the proposed modifications to the
City—owned building at 1003 East Highland Avenue be submitted to the
Planning and Building Services Department for review; that the City
Attorney be instructed to prepare an amendment to the lease agreement
to specify that all improvements will be paid for by A SPECIAL PLACE along
with all processing fees therefor.
Recommended motion:
Adopt resolution.
Signature
Contact person: Phone:
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct Description)
Finance:
Council Notes:
75-0262 Agenda Item No
CITY OF SAN BERN/ODINO = REQUEST Fit COUNCIL ACTION
STAFF REPORT
At their meeting of June 7 , 1993 , the Mayor and Common Council
directed that an amendment be prepared to the lease between the
City and a "Special Place" authorizing the proposed improvement
modifications to the building be paid for by a "Special Place"
along with all processing fees therefor.
The original lease (Paragraph 3) requires that the rent paid to the
City by the lessee be a percentage of gross revenues excluding the
initial expenditures made by A SPECIAL PLACE to upgrade the
facility. Terry Field, Museum Director, is asking that the
amendment be subject to the same exclusion clause for the new
contemplated modifications/expenditures.
Another issue to be considered is Paragraph 13 of the original
lease which provides for pro rata reimbursement to the lessee of
capital expenditures in the event of early termination of the lease
by the City. The City Attorney' s Office has concluded that that
provision could be construed to apply to any capital expenditures
made to the facility during the term of the lease not just at the
onset. Therefore, the improvement modifications currently planned
by "A Special Place" would be subject to that pro rata
reimbursement by the City.
It is recommended that the attached resolution be adopted.
75-0264
0 p
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO LEASE
3 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND A SPECIAL PLACE.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
5
SECTION 1 . The Mayor of the City of San Bernardino is
6
hereby authorized and directed to execute on behalf of said City
7
an Amendment to Lease Agreement with A Special Place, a copy of
8
which is attached hereto marked Exhibit "A" and incorporated
9 herein by reference as fully as though set forth at length.
10 SECTION 2. The authorization to execute the above-
11 referenced agreement is rescinded if the parties to the agreement
12 fail to execute it within sixty ( 60) days of the passage of this
13 resolution.
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RJM:ms[codding.amd] 1
Alftk
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO LEASE
2 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND A SPECIAL PLACE.
3
4 I HEREBY CERTIFY that the foregoing resolution was duly
5 adopted by the Mayor and Common Council of the City of San
6 Bernardino at a meeting thereof, held on the
7 day of 1993, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 NEGRETE
10 CURLIN
11 HERNANDEZ
12 OBERHELMAN
13 OFFICE VACANT
14 POPE-LUDLAM
15 MILLER
16
17 City Clerk
18 The foregoing resolution is hereby approved this day
19 of 1993.
20
21 TOM MINOR, Mayor
City of San Bernardino
22 Approved as to
23 form and legal content:
24 JAMES F. PENMAN,
City Attorney
25
26 By:
27
28
RJM:ms[codding.amd] 2
1
AMENDMENT TO LEASE AGREEMENT
2
3 This Amendment to Lease Agreement is made this day of
4 July, 1993, by and between the City of San Bernardino, a Charter
5 City of the State of California ( "CITY" ) , and A Special Place, a
6 California non-profit corporation ( "SPECIAL PLACE" ) .
7 RECITALS
8 WHEREAS, CITY and SPECIAL PLACE are parties to a certain
9 Lease Agreement dated April 6, 1992, for the property located in
10 Perris Hill Park known as the Coddington Library Building; and
11 WHEREAS, the parties each desire to amend the Lease
12 Agreement in the manner hereinafter set forth;
13 NOW, THEREFORE, the parties agree as follows:
14 1. Paragraph 6 is amended in its entirety to read:
15 116. SPECIAL PLACE shall be responsible for
16 bringing the facility into compliance with all City
17 codes prior to opening the facility and for
18 maintaining the facility in good repair for the
19 duration of this lease. Compliance with said codes
20 shall be determined by the appropriate City officers
21 and employees. SPECIAL PLACE shall make no
22 improvements to the facility without City' s approval.
23 All signage shall be subject to City approval . All
24 improvements will be paid for by SPECIAL PLACE along
25 with all applicable processing fees.
26
27
28
RJM:ms[place.amd] 1
j Amendment to Lease Agreement Between City of San Bernardino and A
Special Place
2
3 IN WITNESS WHEREOF, the parties hereto have executed this
4 Lease Agreement on the day and date first above shown.
5 THE CITY OF SAN BERNARDINO
6
By
7 TOM MINOR, Mayor
8
9 ATTEST:
Rachel Clark
10
11
12 A SPECIAL PLACE
13 By
14
15 By
16 Approved as to
17 form and legal content:
18 JAMES F. PENMAN,
City Attorney
19
20 By:
21
22
23
24
25
26
27
28
RJM:ms[place.amd] 2