HomeMy WebLinkAbout14-Redevelopment Agency
REDEVELOt II~riT AGENCY - REQUEST FOR COMMI S~! uNI COUNCI L ACT! ON
FROM: James E. Robbin, Acting Executive Director
SUBJECT: FIRST AMENDMENT
TO", LEASE AGREEMENT LEASE
SPACE IN CITY HALL
DEPT: Redevelopment Agency
DATE: July 18, 1988
Synopsis of Previous Commission/Council Action:
12-23-87 Reso. No. 87-442 - A Resolution of the City of San Bernardino
Authorizing the Execution of a First Amendment to Lease Agreement
"~ith the Redevelopment Agency of the City of San Bernardino relating
to the lease of space in the City Hall.
Recommended Motion:
(Mayor and Common Council)
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A. MOVE TO ADOPT A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF A FIRST AMENDMENT TO LEASE AGREEMENT WITH THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO RELATING TO THE
LEASE OF SPACE IN CITY HALL. AND REPEALING RESOLUTION NO.87-442.
(Community Development Commission)
B. MOVE TO ADOPT A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF A FIRST AMENDMENT TO LEASE AGREEMENT WITH THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO RELATING TO THE
LEASE OF SPACE IN CITY HALL. AND REPEALING RESOLUTION NO.87-442.
--,/~~A1 ~
~ Signature
Contact Person: James E. Robbin$ Phone: 384-5081
Supporting data attached: YES
Ward:
N/A
FUNDING REQUIREMENTS: Amount: $100.410.00 per yr Project: Admin Budget 88/89
No adverse impact on City:
Council
Notes:
Date:
July 18. 1988
Agenda Item No. II
1455R/JLV/mv
July 18. 1988
J T A F F
R E P 0 R T
After careful review of lease Agreement and the First Amendment
Agreement which was adopted by the City Council on December 23,
Resolution No. 87-442 it was noted that the document was silent
important areas. Section 2. TERM and Section 12. TERMINATION.
We attach hereto marked Exhibit "A" a copy of Resolution NO. 87-442 and First
Amendment for your comparison. You will note that Section 2. TERM is absent
of a time certain. Staff proposed that the term of lease should be with a
term certain and suggest July 1, 1986 through June 30, 1991, with a renewal
clause for a additional five year term with provisions as outlined in draft.
Section 12. TERMINATION was added to provide for a termination clause with
written notice of a least 90 days advance thereof.
to lease
1987 with
in two
The item was reviewed by the RDA Committee and they requested some revisions
to the amendment on Page 2, Section 2. TERM and recommend its adoption.
The changes have been brought to the City Administrator's attention and he
asked that under the Section entitled TERM a clause be included to provide
mechanism which will allow the City the opportunity to negotiate and/or
reconsider the rental payment based on square footage, increased utility
charges and other inflationary items. A copy of his June 16, 1988 memo is
attached and marked Exhibit "B".
has
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This matter was presented to the Commission June 14, 1988 and was referred.
back to the Redevelopment Committee for further revision. The revisions have
been made and the First Amendment to lease Agreement which is marked Exhibit
"CIl 1s attached hereto for your consideration and approval.
1455R/JlV/mv
July 18,1988
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12-07-87
RESOLUTION NO. 87-442
A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF A FIRST AMENDMENT TO lEASE AGREEMENT WITH THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO RELATING TO THE lEASE OF SPACE IN CITY HALL.
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 on behalf of said City a First Amendment
.to lease Agreement with the Redevelopment Agency of the City of San
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Bernardino relating to the lease of space in City Hall. a copy of which is
attached hereto. marked Exhibit MA" and incorporated herein by reference as
fully as though set forth in lengt~
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a regular
meeting thereof. held on the
the following vote to wit:
21st day of
December
1987. by
AYES :
Council Members Estrada, Reilly, Flores, Maudsley, Minor,
Miller
NAYS :
ABSENT :
None
Council Member Pope-Ludlam
The foregoi ng reso 1 uti on is hereby
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. 1987.
Approved as to form and
leSBjl conten~ :
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nHI~IT "A"
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FIRST N~ENDMENT TO LEASE AGREEMENT
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(City Hall Offices of the Redevelopment Agency of the City of San Bernardino)
THIS FIRST AMENDMENT TO AGREEMENT is made and entered into this
stl... day of '.~ "~JtaL;,L- , 19 ?') ,by and between the CITY
OF SAN BERNARDINO, a:'~~~~'W~al corporation, hereinafter called "Lessor'" and
....
the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, hereinafter called
"Lessee".
. The parties agree as follows:
1. Recitals.
(a) The parties hereto entered into a lease agreement dated the
10th day of September, 1986, for the rental of office space in City Hall,
hereinafter referred to as "the Agreement".
(b) LESSOR and LESSEE now desire to amend the Agreement to
increase the square footage, to increase the annual rental payment, and to
show the area currently leased under the Agreement.
2. Amendment.2f Agreement. The Agreement is hereby amended in the
following respect.
(a) Section 1 of the Agreement is amended to read:
"Lessor hereby leases to Lessee approximately 6,694 square feet
of offi ce space 1 oca ted on the fourth f1 oor of Ci ty Ha 11, si tua ted in rea 1
property genera lly descri bed as the Ci ty Hall, 1 oca ted at 300 North '1011
Street, San Bernardino, California, and more particularly shown and
described in Exhibit IIA-1" attached hereto, upon the terms and conditions
hereinafter set fort~1I
(b) The last sentence of Section 2 of the Agreement is amended
26 to read:
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12-07-87
"Said renewal shall be at the rate of $100,410.00 per year,
calculated at the rate of $1.25 /sQuare foot for 6,694 square feet;
1
1 provi ded. that lessee shall pay any mutua 11y approved costs for structura 1
2 a 1 terati ons. remodeli ng. repa i r. ma i ntenance and other expenses. as
3 necessary and relating to the continued occupancy of the leased space."
4 Cc) The second sentence of Section 3 is amended to read:
5 "Annual rental shall be at the rate of $100.410.00 per year.
6 payable in advance."
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Cd) Exhibit "Aft shall be amended to show and describe the
8 particular area leased by the lessee.
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3. Other Provi si ons. All other terms. condi ti ons and covenants of
the Agreement shall remain the same and be in full force and effect.
13 date first hereinabove written.
IN WITNESS WHEREOF. the parties hereto have executed this lease on the
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ATTEST:
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pproved as to form
nd ,,1 ega 1 content:
,
CITY OF SAN BERNARDINO
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Mayor f
REDEVELOPMENT AGENCY OF THE
C1T~ SAN BERN}I~ ,
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EXHIBIT "A _111
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C I T Y J F SAN B ERN A R D _ N 0
INTEROFFICE MEMORANDUM
8806-1429
TO: RDA Committee
Through: Glenda Saul, Executive Director - RDA
FROM: James RObbins, Acting City Administrator
SUBJECT: Lease Agreement -- Lease Space in City Hall
DATE:
June 16, 1988
(7473)
COPIES:
Mayor Wilcox
-------------------------------------------------------------
This is in response to your request for a review of the
proposed lease between the City of San Bernardino and the
Redevelopment Agency relative to lease of office space in
City Hall.
(
After review of the First Amendment to the Lease Agreement, I
have one concern. Under the section of the Agreement,
entitled ~ a clause should be included to provide a
mechanism which will allow the City to reconsider the monthly
rental payment based on the square footage provided,
increases in utility costs and other inflationary items.
If you should have any questions., please do not hesitate to
CIL.~
~: E. ROBBINS
Acting City Administrator
JERjdjn
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FIRST AMENDMENT TO LEASE AGREEMENT
(City Hall Offices of the Redevelopment Agency
of the City of San Bernardino)
THIS FIRST AMENDMENT TO AGREEMENT is made and entered into
this
day of
, 1988, by and between
the C~TY OF SAN BERNARDINO, a municipal corporation, hereinafter
called "Lessor", and the REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO, hereinafter called "Lessee".
The parties agree as follows:
1. Recitals.
(a) The parties hereto entered into a lease agreement
dated the 10th day of September, 1986, for the rental of office
space in City Hall, hereinafter referred to as the "Agreement".
(b) LESSOR and LESSEE now desire to amend the
Agreement to increase the square footage, to increase the annual
rent payment, to show the area currently leased under the
Agreement, and to revise the termination provisions.
2.
Amendment of Agreement.
The Agreement is hereby
amended in the following respect:
(a) Section.l of the Agreement is amended to read:
"Lessor hereby leases to Lessee approximately
6,694 square feet of office space located on the
fourth floor of City Hall, situated in real property
generally described as the City Hall, located at
300 North 'D' Street, San Bernardino, California,
and more particularly shown and described in
7-8-88
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c.'^th& IT
II e"
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7-8-88
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Exhibit 'A-l' attached hereto, upon the terms and
conditions hereinafter set forth."
(b) Section 2 of the Agreement is amended to read:
"2. Term. The term of this lease shall be
from July 1, 1986, through June 30, 1991. Prior to the
expiration of the lease term, this lease may be renewed
. thereafter by the parties for one additional five-year
term. Said renewal shall be at a rental to be
negotiated by the parties, taking into consideration
the surrounding prevailing lease rental rates of
the Inland Empire area based on full service
maintenance to include, but not be limited to the
square footage needed, utility rates and charges,
and other inflationary items. Lessee shall, in addition,
pay any mutually approved costs for structural
alterations, remodeling, repair, maintenance and
other expenses, as necessary and related to the
continued occupancy of the leased space."
(c) The second sentence of Section 3 is amended
to read:
"Annual rental shall be at the rate of
$100,410.00 per year, payable in advance, calculated
at the rate of $1.25/square foot for 6,694 square
feet."
(d) Section 12 is amended to read:
"12. Termination. Either party may terminate
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this lease by giving written notice of termination
to the other party at least ninety (90) days in
advance thereof."
3. Other Provisions.
All other terms, conditions and covenants of the Agreement
shall remain the same and being full force and effect.
. IN WITNESS WHEREOF, the parties hereto have executed this
lease on the date first hereinabove written.
ATTEST:
CITY OF SAN BERNARDINO
By
Evlyn Wilcox, Mayor
City Clerk
Approved as to form
and legal content
()
~ I
()ty
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
By
Chairman
By
Secretary
Approved as to form
and legal content:
AGENCY COUNSEL
~J
7-8-88
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RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF
AN AMENDMENT TO LEASE AGREEMENT RELATING TO RENTAL OF OFFICE
SPACE IN CITY HALL.
BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Chairman and Secretary of the Community
Development Commission of the City of San Bernardino are hereby
authorized and directed to execute for and on behalf of the
Redevelopment Agency of the City of San Bernardino an Amendment
to Lease Agreement relating to rental of office space in City
Hall, between the Redevelopment Agency of the City of San
Bernardino and the City of San Bernardino, with such non-
substantive changes to said Amendment as may be approved by the
Chairman and Agency Counsel.
A copy of said Amendment is
attached hereto as Exhibit "1" and incorporated herein by this as
though fully set forth at length.
Dated:
Approved as to form
and legal content:
AGENCY COUNSEL
~
Denn' A. Barlow
6-15-88
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vote, to wit:
The foregoing resolution was duly adopted by the following
AYES:
NAYS:
ABSENT or
ABSTAIN:
6-15-88
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Members
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AMENDMENT TO AGREEMENT WITH THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO, RELATING TO RENTAL OF
OFFICE SPACE IN CITY HALL.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor is hereby authorized and directed to
execute on behalf of said City an Amendment to Agreement with the
Redevelopment Agency of the City of San Bernardino relatingto
rental of office space in City Hall, which Amendment is attached
hereto, marked Exhibit "A", and incorporated herein by reference
as fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
day of
, 1988, by the following vote,
to wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
6-15-88
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of
The foregoing resolution is hereby approved this ____ day
Approved as to form
and legal content:
~~
ty At ey
6-15-88
DAB:cm
, 1988.
Evlyn Wilcox, Mayor
City of San Bernardino
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