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CITY' OF SAN BE~RDINO
. File No. 15.06A-06
- REQUESTQoR COUNCIL ACTION
From: ROGER G. HARDGRAVE. Director
Dept: Public WorksjEngineering
Date: March 16. 1991
Subject: First Amendment to Lease: City of San
Bernardino from Crispo Laguna. additional
terms and modification of rental amount &
term of lease - NEC of Mt. Vernon and 7th
Street - public parking lot
Synopsis of Previous Council action:
04/20/76 --- Lease executed between Crispo Laguna and the City of San Bernardino
for that certain real property of Mr. Laguna's located at the
Northeast corner of Mt. Vernon Avenue and 7th Street. for a term of
15 years and a monthly rental of S50.00. The City of San
Bernardino to pay all real property taxes.
Recommended motion:
1. Adopt Resolution
cc: Shauna Edwins. City Administrator
Andrew Green. Director of Finance
James F. Penman.. City Attorney
re
Anne DeBolt
Phone:
5326
Contact person:
FUNDING REQUIREMENTS:
Amount:
S75 x 12
Werd:
= S900 annually x 5 years =
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Supporting data attached:
Staff Report. Resolution
S4500
Source: (Acct. No.)
001-362-53010
(Acct. Descriotion)
Land & Building Acct.
Finance:
()yjW 1:)
Council Notes:
Aoenda Item No.
3~
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~IT~ OF SAN BEARDINO - REQUESTOoR COUNCIL ACTION
STAFF REPORT
The City of San Bernardino has leased two lots from Hr. Crispo Laguna for the
past 15 years at a rental rate of S50.00 per month. The City was to pay the real
property taxes on the property but tax bills were not sent to the City to pay.
During the next five years of the lease Hr. Laguna will send the original bill to
the City for payment.
Hr. Laguna has agreed to a 5 year extension of the Lease with a new monthly
rental of S75.00 per month. Although he would not agree to another 15 year lease
he did agree to give the City two 5 year options that will automatically go into
effect unless Hr. Laguna or his heirs send the City written notification that
they want to terminate the lease. Either party may terminate the lease upon 30
days written notification.
The property in question has been developed as a public parking lot for Plaza
Park and for use during fiesta times during the year.
As Hr. La~a's requests are not unreasonable. Staff recommends that the
Resolution be adopted.
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-, PLAZA p~ R.I<
CITY OF SAN BERNARDINO
FILE NO.: /50" A - O~ LEASE FOR: Pa-rbng LLJt
LOCATION: Nee 7t:i-Sfn!.et. tUtd mt. lkrnLJn
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RESOLUTION NO,
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF A FIRST AMENDMENT TO LEASE WITH CRISPO LAGUNA PERTAINING TO MODIFICATION
OF THE TERM. RENTAL RATE. AND NOTICE TO TERMINATE IN THE LEASE OF PRIVATELY
OWNED PROPERTY BY THE CITY OF SAN BERNARDINO FOR USE AS A PUBLIC PARKING
LOT. SITUATED AT THE NORTHEAST CORNER OF HI. VERNON AVENUE AND 7TH STREET.
IN SAN BERNARDINO.
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
8 hereby authorized and directed to execute on behalf of said City. a First
9 Amendment to Lease with Crispo Laguna pertaining to modifications of the
10 term. rental rate. and notice to terminate. in the Lease of privately owned
11 property leased by the City of San Bernardino. located at the Northeast
12 corner of Mt. Vernon Avenue and 7th Street. a copy of which is attached
13 hereto. marked Exhibit "A" and incorporated herein by reference as fully as
14 though set forth at length.
15 SECTION 2. The authorization to execute the above-referenced
16 Amendment to Lease is rescinded if the parties to the Amendment to Lease
17 fail to execute it within sixty (60) days of the passage of this resolution.
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03/18/91
RESOLUTION AUTHORIZING EXECUTION OF FIRST AMENUMENl IV LLA~L: ~UKltlLA~l
CORNER OF ~ON AVENUE AND 7TH STREET 0
I HEREBY CERTIFY that the fore~oing resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at a
meeting thereof held on the
, 19_____ by the following vote, to-wit:
COUNCIL MEMBERS:
AYES
NAYS
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
day
of
ABSTAIN
City Clerk
The foregoing resolution is hereby approved this
, 19_____
day of
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman
City Attorney
BY~' f.
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1 FIRST AMENDMEKT TO LEASE
2 THIS FIRST AMENDMENT TO LEASE is made and entered into this
3 day of . 1991. by and between CRISPO LAGUNA.
4 hereinafter referred to as "Lessor". and the CITY OF SAN BERNARDINO. a
5 municipal corporation. hereinafter referred to as "Lessee".
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7 ~__1-N E SSE T H
8 ~HEREAS. the parties hereto executed a lease dated April 2. 1976.
9 for the use of certain privately o~TIed premises by the City of San
10 Bernardino for use as a public parking lot; and
11 WHEREAS. the parties hereto desire to amend certain terms as
12 contained therein.
13 NOW. THEREFORE. it is mutually agreed between the parties as
14 follows:
15 1. Section 2 of that lease between the parties hereto dated
16 April 2. 1976. is hereby amended to read as follows:
17 SECTION 2. Term. The term of this Lease shall be for a
18 period of Five (5) years from the date of execution with two five (5) year
19 options to renew said Lease. Said options shall automatically take effect
20 without further action by Lessor or Lessee. unless Lessor or Lessor's heirs
21 terminate said option(s) by service of thirty (30) days written notice of
22 such termination by the Lessor to the Lessee. In the event of a sale of the
23 demised premises by Lessor. then this Lease shall remain in full force and
24 effect for the term hereof and the subsequent new owner of the premises
25 described herein shall at all times be bound to perform all covenants.
26 conditions. and agreements and shall be entitled to collect all rents then
27 and thereafter owin~ by the terms hereof to the Lessor herein. Lessor or
28 Lessee shall have the right to terminate this Lease or either option without
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FIRST AMENDMENT TO LEASE:
o
NORTHEAST CORNER OF Mr.
C~
VERNON AVENuE Q 7Jtl ~lKbhl
1 further liability upon the service of thirty (30) days advance written
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n., 110 In1
notice of such termination to the appropriate party(ies).
2. Section 3 of that lease between the parties hereto dated
April 2. 1976. is hereby amended to read as follows:
SECTION 3 Annual Rental Pavments. Lessee agrees to pay and
Lessor agrees to accept as rental for the said premises. during the term
aforesaid. a monthly rental of seventy-five dollars (575.00). plus all real
property taxes. if any. assessed a~ainst said property during the period of
the Lease or option period(s).
3. All other terms. conditions and covenants of said lease
shall remain the same and be in full force and effect.
IN WITNESS WHEREOF. the parties hereto have executed this First
Amendment to Lease on the date first hereinabove written.
CITY OF SAN BERNARDINO
By:
W. R. Holcomb. Mayor
ATTEST:
City Clerk
CRISPO LAGUNA
Approved as to form
and le~al content
James F. Penman
City Attornev
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