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Home My WebLink AboutR03-Redevelopment Agency - . R&&VELOPMENT AGENCY'.~EST FOR Q".ISSION/COUNCIL A~ION 'From: G1 cIa u1 ;.-< en Sa ,Executive Director brpt: Redevelopment Agency Subject: OPERATION SECOND CHANCE - REVISED FIRST AMENDMENT TO LIBRARY LEASE AGREEMENT Date: September 17, 1985 .. Synopsis of Previous Commission/Council action: 06-05-75 Resolution 3069 authorized lease of land to Operation Second Change (OSC) for the development of a Public Enterprise Center. 10-06-80 Resolution 4106 - Disposition and Joint Development Agreement with Operation Second Chance for adjacent property. 01-09-84 Resolution 4567 authorized Amendment to Lease Agreement (unexecuted). 06-17-85 Motion to declare OSC in default (continued). (Continued on second sheet) Recommended motion: (MAYOR AND COMMON COUNCIL) ,--. ~ RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO LEASE WITH OPERATION SECOND CHANCE, INC., RELATING TO THE LEASE OF PORTION OF 1505 WEST HIGHLAND AVENUE, SAN BERNARDINO, FOR LIBRARY PURPOSES, AND AUTHORIZING FINANCE DIRECTOR TO MAKE PAYMENTS DUE UNDER LEASE TO REDEVELOPMENT AGENCY FOR CREDIT TO OPERATION SECOND, INC.; AND REPEALING RESOLUTION NO. 85-343. ~~ '" Signature Contact person: GLENDA SAUL FUNDING REQUIREMENTS: Amount: $ N/A Phone: 383-5081 Ward: 6 Project: N/A Date: September 23, 1985 Supporting data attached: YES No adverse Impact on City: C 1cil Notes: 1311J/OJ Agenda Item No. _R3 c C Synopsis of Previous Commission/Council action: ~'" ....) (con't.) ."- 07-15-85 Motlon to continue to 8-5-85 In order to receive report from Hays and Means (Sub committee) 08-05-85 Continued to 8-19-84 to hear Hays & Means report. 08-19-85 Continued till Hays & Means recommends action 09-09-85 Commission Reso 4793 authorized execution of First Amendment to Land Lease. .. 09-09-85 City Reso 85-343 authorized execution of First Amendment to Lease for Dorothy Inghram Library facilities. /- -- c . CIH OF SAN BERNARD~ - REQU.Q,o FOR COUNCIL ACWON /".. .~ I.......- r- \.- - I '- 75-0264 STAFF REPORT In June of 1975, the Redevelopment Agency entered into a Lease Agreeynt with Operation Second Chance (OSC) under the terms of which OSC leased property from the Agency upon which to build the Public Enterprise Center. As of August 6, 1985, OSC is 15 months behind in payment of the lease -- a total of $26,250 ($1,750. per month). In January of 1984, the Commission approved an Agreement whereby the City's library lease payments would have been made directly to the Agency, thereby alleviating the long delay in payment by OSC. OSC declined executing the Agreement. On June 17, 1985, staff requested that the Commission declare OSC in default and instruct the attorney to undertake appropriate legal action. The item was referred to Ways and Means, which formed a subcommittee to resolve the issue. Ways and Means met on August 20, 1985 and recommended the following actions: 1. The outstanding indebtedness ($26,250 as of 8-6-85) shall be added to the end of the lease. 2. The monthly Inghram Branch Library payment, made by the City, shall be applied toward the lease payment. ($2,000 per month $1,750 shall apply toward the existing lease payment owed by Operation Second Chance. The additional $250 shall be applied towards the outstanding overdue lease payments.) 3. Counci1member Frazier and Estrada shall serve as City 1iason to the OSC recovery commi ttee. On September 9, 1985, the Commission approved Resolution Number 4793 authorizing the execution of a First Amendment to the Land Lease Agreement. Also on that date, the Council approved City Resolution Number 85-343, authorizing the execution 0 a First Amendment to the lease for the Dorothy Inghram Library facilities. Upon review of this amendment to the City's lease, OSC has requested that Item "B" be revised. The attached sheet shows the original lease and revision. 13llJ/OJ 08-29-85 r ~ ~ V) ~ ~l ~ ",- \.- c i M fil S .. .. "' :Ii i5~ .. .. ~~.. "M::! "u.. r.aW~ "'.. ~"a ~!~ to :M ..~tl EM~ II ... ....0 ~~o f4~~ =u.. ::ll o u .. .. "' o M .. ::! .. .. o " . .c " o " " ~ I '" ~ ! .. . W ~ .. . . . " o " ~ " .. ~ .0 U to .. ~ .. ~ .. '" M .. .. ~ M . .. ~ ~ u II o u .. .. ~ M .. ::! .. a ~ . . . " . '" "' :Ii ~ " e t: S M . U . w . .. .c .. " . '" . ~ . .. . '" ~ ~ .. " w . U . .. " ~ u . w . 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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO LEASE WITH OPERATION SECOND CHANCE, INC., RELATING TO THE LEASE OF A PORTION OF 1505 WEST HIGHLAND AVENUE, SAN BERNARDINO, FOR If.IBRARY PURPOSES, AND AUTHORIZING THE FINANCE DIRECTOR TO MAKE PAYMENTS DUE UNDER LEASE TO REDEVELOPMENT AGENCY FOR CREDIT'TO OPERATION SECOND CHANCE, INC., AND REPEALING RESOLUTION NO. 85-343. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute for and on behalf of the City of San Bernardino, that certain First Amendment to Lease with Operation Second Chance, Inc., relating to the lease of a portion of 1505 West Highland Avenue, San Bernardino, for library purposes, a copy of which is attached hereto as Exhibit -1- and incorporated herein by reference as though fully set forth at length. SECTION 2. The Finance Director of the City of San Bernardino is hereby authorized and directed to pay over to the Redevelopment Agency of the City of San Bernardino all sums due and to become due from City to Operation Second Chance, Inc., for the Dorothy Inghram Library lease for credit against the lease payments due to the Redevelopment Agency of the City of San Bernardino from Operation Second Chance, Inc., under that certain Land Lease existing between the Redevelopment Agency of the City of San Bernardino and Operation Second Chance, Inc., made the 9th day of July, 1975, such funds to be applied first to make current payments, and any excess to apply to the outstanding indebtedness being deferred to the expiration or termination of said Land Lease. "......... l..- I -- 2 '- 3 4 5 6 7 8 9 10 11 12 13 14 r--. '- 15 16 - c -- ,...) SECTION 3. Resoulution No. 85-343 is hereby repealed. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San . ... meet1ng thereof, held on the Bernardino at a day of , 1985, by the following vote, to wit: AYES: Council Members NAYS: ABSENT: City Clerk The foregoing resolution is hereby approved this day of , 1985. Mayor of the City of San Bernardino 2 c ,....... '-' ...--, ) '-.-i '-' FIRST AMENDMENT TO LEASE BETWEEN OPERATION SECOND CHANCE, INC., AND THE CITY OF SAN BERNARDINO FOR DOROTHY INGHRAM LIBRARY ..- THIS AGREEMENT constitutes a First Amendment to. that ,.gertain Lease Ag reement between OPERATION SECOND CHANCE, INC., as Lessor and the CITY OF SAN BERNARDINO, hereinafter .City,. as Lessee, effective as of February 15, 1982. The parties hereto agree: 1. Recitals. -. '- A. The parties have heretofore entered into a lease effective February 15, 1982, relating to the lease of a portion of 1505 West Highland Avenue, San Bernardino, for library purposes. B. Operation Second Chance, Inc., is now willing to assign lease payments due from the City of San Bernardino for use of the Dorothy Ingrham Library to be credited to amounts payable to the Redevelopment Agency of the City of San Bernardino under a Land Lease between those two agencies. C. Representatives of all parties have met, and have negotiated a compromise, whereunder all payments now due under the City lease, and payments to become due, shall be paid directly to the Redevelopment Agency of the City of San Bernardino, and any excess over the amount of monthly payment due and to become due shall be credited toward the amounts owed by Operation Second Chance, Inc., to the Redevelopment Agency of the City of San Bernardino under its Land Lease, and r- ~ the amount now owed by Operation Second Chance, Inc., to the Redevelopment Agency shall be deferred accordingly. 1 ~ c -- ,,-... v -') "..'- ........ 2. Implementation. A. Section 3 entitled -Mutual Covenants- of the lease ,. between Operation Second Chance, Inc., and the City of San Bernardino, is amended by adding Subsection h as follows: -(h) The Lessee is authorized to make all payments due and to become due under this lease by paying the sums due thereunder to the Redevelopment Agency of the City of San Bernardino, for credit by the Agency against current lease ,- payments, with any excess to be credited against the amount now past due, which past due amount shall be treated as an -add on- to the end of the lease. The amount now past due from Operation Second Chance, Inc., to the Agency is $26,250 as of August 6, 1985. The monthly payments presently due from the City of San Bernardino to Operation Second Chance, Inc., is $2,000. The monthly payment due from Operation Second Chance, Inc., to the Redevelopment Agency of the City of San Bernardino is $1,750. The $250 difference shall be credited '-" against the outstanding indebtedness, which shall, except for such periodic payments, be deferred and be payable upon the expiration or termination of the lease between the Redevelopment Agency of the City of San Bernardino and Operation Second Chance, Inc.- B. In all other respects, the lease between the City of San Bernardino and Operation Second Chance, Inc., shall remain in full force and effect. r-- "- IN WITNESS WHEREOF the parties have executed this agreement effective the day of , 1985. 2 c ,c- "- -- '- ,.--. '- c CITY OF SAN BERNARDINO By Mayor ATTEST: City Clerk Approved as to form: ~~;tJ1O~ City Attorney """ ...) ... j OPERATION SECOND CHANCE, INC. And by -:". / Executive ./ 3 Controller .. ,-- ,I",.... c .-... '-' -"'\ J ,-- ....... FIRST AMENDMENT TO LEASE BETWEEN OPERATION SECOND CHANCE, INC., AND THE CITY OF SAN BERNARDINO FOR DOROTHY INGHRAM LIBRARY .. THIS AGREEMENT constitutes a First Amendment to that certain Lease Agreement between OPERATION SECOND CHANCE, INC., as Lessor and the CITY OF SAN BERNARDINO, hereinafter .City,. as Lessee, effective as of February 15, 1982. The parties hereto agree: 1. Recitals. ,/'~-" A. The parties have heretofore entered into a lease effective February 15, 1982, relating to the lease of a portion of 1505 West Highland Avenue, San Bernardino, for library purposes. B. Operation Second Chance, Inc., is now willing to assign lease payments due from the City of San Bernardino for use of the Dorothy Ingrham Library to be crpdited to amounts . ....... payable to the Redevelopment Agency of the City of San Bernardino under a Land Lease between those two agencies. C. Representatives of all parties ha~e met, and have negotiated a compromise, whereundfr all payments now due under the City lease, and payments to become due, shall be paid directly to the Redevelopment Agency of the City of San Bernardino, and any excess over the amount of monthly payment due and to become due shall be credited toward the amounts c owed by Operation Second Chance, Inc.~ to the Redevelopment Agency of the City of San Bernardino under its Land Lease, and the amount now owed by Operation Second Chance, Inc., to the Redevelopment Agency shall be deferred accordingly. 1 c ( '- c c .. ,..-.-., --. -" .) '-' '-' 2. I~plementation. A. Section 3 entitled -Mutual Covenants- of the lease r between Operation Second Chance, Inc., and the City of San Bernardino, is amended by adding Subsection h as follows: -(hl The Lessee is authorized to make all payments due and to become due under this lease by paying the sums due thereunder to the Redevelopment Agency of the City of San Bernardino, for credit by the Agency against current lease payments, with any excess to be credited against the amount now past due, which past due amount shall be treated as an -add on- to the end of the lease. The amount now past due from Operation Second Chance, Inc., to the Agency is $26,250 as of August 6, 1985. The monthly payments presently due from the City of San Bernardino to Operation Second Chance, Inc., is $2,000. The monthly payment due from Operation Second . ' Chance, Inc., to the Redevelopment Agency of the City of San Bernardino is $1,750. The $250 difference shall be credited against the outstanding indebtedness, whicq shall, except for such periodic payments, be deferred and be payable upon the expiration or termination of the ~ease between the Redevelopment Agency of the City of San Bernardino and Operation Second Chance, Inc.- B. In all other respects, the lease between the City of San Bernardino and Operation Second Chance, Inc., shall remain in full force and effect. IN WITNESS WHEREOF the parties have executed this agreement effective the day of , 1985. 2 'C ".W'''''' ,,-,. ..~.."..,.. .......... - \- - CITY OF SAN BERNARDINO By /"'. V Mayor ATTEST: City Clerk Approved as to form: City Attorney - ""'" .....J OPERATION SECOND CHANCE, INC. And by Controller . f 3