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HomeMy WebLinkAbout18- Development Services • l CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: MICHAEL E. HAYS,Director Subject: RESOLUTION-Authorize Execution of an Amendment to Lease- Dept: Development Services Junior All-American Football-- 1244 W. 9th Street. Date: January 20,2000 o R 1 U 11 A L File No.15.06-121 Synopsis of Previous Council Action: MCC Date: 01-24-2000 12/06/82 ---Execution of five year lease with San Bernardino Junior All-American Football, from 12/01/82 through 11/30/87. 04/04/88 ---Execution of five year lease with San Bernardino Junior All-American Football, from 12/01/87 through 11/30/92. 09/11/92 --- Execution of two year lease with San Bernardino Junior All-American Football, from 12/01/92 through 11/30/94. 03/30/95 ---Execution of three year First Amendment to lease with San Bernardino All- American Football,from 12/01/94 through 11/30/97. 12/15/97—Resolution No. 97-64 was adopted, authorizing 5 year lease with Junior All— American Football 01/10/2000—City Attorney was directed to prepare lease amendment to change the rate of Junior All-Americans lease payments to $1.00 per year. Recommended Motion: ADOPT RESOLUTION i Michael V. Hays Contact person: LASZLO "Les"FOGASSY Phone: 5026 Supporting data attached: Staff Report,Map, Res. Ward: 6 Agreement FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) N/A (Acct. Description) N/A Finance: Council Notes: Agenda Item No. 12 iJzy/a0 CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution--Authorize Execution of an Amendment to Lease --Junior All-American Football -- - 1244 W. 9" Street. BACKGROUND: Since 1982, Junior All American Football has been leasing a City owned building located at 1244 W. 9th Street. The building is a former library and is located in Encanto Park. The original lease term was for 5 years at $50 per month. In 1988, the lease was renewed for another five years, and the rate increased to $75 per month. When the lease came up for renewal in 1992, it was recommended that the lease be increased to a fair market value lease of$300 per month. The director of Junior All American Football requested, through then Councilwoman Pope-Ludlam,that the lease remain at $75 due to financial hardships. The lease was extended for a two year period at the previous rate of$75 per month. In 1994, the lease was extended for an additional 3 years and the rate increased to $100 per month. The last, and most current lease agreement was executed in 1997 for a period of 5 years at the monthly rate of$100. This lease is due to expire 11/30/2000. Due to financial hardships, the lessee has fallen behind in lease payments and has recently requested a reduction of the lease payments from $100 per month to $1 per year. Additionally, the lessee requested that past due lease payments for 11/99, 12/99 and 01/2000 be forgiven. On 01/10/2000, the City Attorney's office was directed to prepare a lease amendment to change the lease payments from $100 per month to $1 per year. The past due lease payments were also forgiven. The attached resolution authorizes the execution of an Amendment to the Lease, changing lease payments to a dollar a year. The amendment also changes the term to extend the lease for 5 years beyond its current expiration date of 11/30/2000. All other requirements of the lease, including the requirement for liability insurance, remain the same. FINANCIAL IMPACT: Reduction of lease revenue from$1200 per year to $1 per year. RECOMMENDATION: Staff recommends that the resolution authorizing the execution of an Amendment to Lease be approved. n w o � v e. 2 elk � s w w a I _ cr srr _ _ «sar nur a, O T p _j OOH 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 3 BERNARDINO AUTHORIZING EXECUTION OF AN AMENDMENT TO THE LEASE AGREEMENT WITH SAN BERNARDINO JUNIOR ALL-AMERICAN FOOTBALL FOR THE 4 PROPERTY LOCATED AT 1244 WEST NINTH STREET. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The Mayor is hereby authorized to execute an Amendment to the Lease 8 Agreement with San Bernardino Junior All-American Football for property located at 1244 West 9 10 Ninth Street. A copy of the Amendment to the Lease Agreement is attached as Exhibit 1 and 11 incorporated herein by reference. 12 SECTION 2. Authorization to execute the Amendment to the Lease Agreement is 13 rescinded if the parties fail to execute it within 60 days of the passage of this Resolution. O 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HEAcm1r .ro tballl (� I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2 BERNARDINO AUTHORIZING EXECUTION OF AN AMENDMENT TO THE LEASE AGREEMENT WITH SAN BERNARDINO JUNIOR ALL-AMERICAN FOOTBALL FOR THE 3 PROPERTY LOCATED AT 1244 WEST NINTH STREET. 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino, at a meeting held on 7 the day of 2000, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 10 ESTRADA 11 LIEN 12 MCGINNIS 13 SCHNETZ 14 SUAREZ 15 ANDERSON 16 17 MILLER 18 City Clerk 19 The foregoing resolution is hereby approved this day of 20 2000. _ 21 Judith Valles, Mayor 22 City of San Bernardino Approved as to form 23 and legal content: 24 JAMES F. PENMAN, 25 City Attorney 26 27 By. 28 a Ire f_tb.ul 2 2000-12 AMENDMENT TO LEASE AGREEMENT This Amendment to Lease Agreement is made as of this 24th day of aaauary 2000, by and between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as "Lessor", and SAN BERNARDINO RJNIOR ALL-AMERICAN FOOTBALL, hereinafter referred to an "Lessee". WHEREAS the parties have previously executed a Lease Agreement dated December 1, 1997, a copy of which is attached and incorporated herein as Exhibit "A" , for that certain property and structure located at 1244 West Ninth Street, in the city of San Bernardino; NOW, THEREFORE, the parties hereby mutually agree to an amendment to said Lease Agreement as follows: 1. SECTION 2. Term is amended to add the following: "The term of this lease shall be extended for five years commencing November 30, 2000 and ending November 30, 2005." 2. SECTION 3. Rental Payments is amended to add the following: "Lessor agrees to forgive Lessee's monthly rental payments of $100.00 for each of the months of November and December 1999, and January 2000. Lessor also agrees to reduce Lessee's rental payments to $1.00 annually beginning February 1, 2000. Said annual rental payment shall be paid on or before February 1 of each year that the Lease Agreement is in effect." 3. All other terms and conditions of the Lease Agreement shall remain in effect. EXHIBIT "1" H E/dcm agrmt.football) A 2000-12 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year as first written above. LESSOR: CITY OF SAN BERNARDINO DATED: Gordon McGinnis Mayor Pro TP DATED: D/ 2G Do L ,o f4 C2eyck City lerk Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: LESSEE: SAN BERNARDINO JUNIOR ALL-AMERICAN FOOTBALL DATED: BY Title: I By: Title: HE/dcm ag mt.fwtba11l .4 2000-12 1 LEASE AGREEMENT -LEASE NO. 15.06-121 2 3 This Lease is made as of this / day of i� ,�„ 199 '7 , by and between 4 the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as 5 "Lessor", and SAN BERNARDINO JUNIOR ALL-AMERICAN FOOTBALL, hereinafter 6 referred to as "Lessee". 7 Recitals 8 9 This Lease is made and entered into with respect to the following facts: 10 WHEREAS, Lessor is the owner of the property herein described as a portion of Lot 8, 11 Block 19, Rancho San Bernardino, as per Map recorded in Book 7 of Maps, Page 2 records of 12 the County Recorder of San Bernardino County, and the structure commonly known as 1244 13 West Ninth Street; and 14 WHEREAS, said structure is not now needed for municipal use and is not considered 15 for municipal use during the term hereof; and 16 17 WHEREAS, Lessee desires the use of said structure, 18 NOW, THEREFORE, in consideration of the rental hereafter reserved and agreed to 19 be paid to Lessor by Lessee and the mutual promises, obligations, agreements and covenants 20 hereinafter set forth and the faithful performance thereof, the parties hereby mutually agree as 21 follows: 22 1. Property Leased. 23 24 Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, that certain 25 property and structure, as is, located East of Mt. Vernon Avenue, on the North side of Ninth 26 Street, commonly known as 1244 West Ninth Street, in the City of San Bernardino, County of 27 EXHIBTT 'W' 428 I 2000-12 -- 1 San Bernardino, State of California, together with the exclusive use of the parking facilities 2 adjoining said structure. Said property is attached Exhibit "A". 3 4 2. Term. 5 The term of this lease shall be for a period of three (3) years commencing December 1, 6 1997 and ending November 30, 2000. 7 3. Rental Payments. 8 9 Lessee agrees to pay and Lessor agrees to accept as rental for said premises during the 10 term hereof, a monthly rental of One Hundred dollars ($100.00). Said rental payments shall 11 be paid on or before the first Monday of each month and made payable to the Lessor, 12 Attention: Real Property Section, 300 North "D" Street, San Bernardino, CA 92418. 13 4. Use of Premises. 14 The premises are leased to the Lessee for use as an office, a meeting place, and for 15 16 storage of equipment, materials, and supplies utilized by Lessee. Lessee agrees not to use the 17 premises, nor to permit their use or the use of any part of them, for any other purpose. No 18 organized athletic contact shall be allowed on the premises. 19 5. Termination. 20 This Lease shall be terminable at the option of either party upon the service of thirty 21 (30) days advance written notice of such termination to the other party. Upon termination of 22 this Lease, Lessee shall surrender the ro e p p rty occupied by this Lease in as good condition as 23 it was at the time Lessee took possession, subject to the conditions herein set forth. 24 25 6. Improvements. 26 Lessee shall not make, or suffer to be made, any alterations to the leased premises, or 27 any part thereof, without the prior written consent of Lessor. Any and all alterations and/or `28 2 2000-12 1 improvements made to the demised premises pursuant to this section shall, upon termination 2 of this Lease agreement, remain as a part of the premises and at no cost or obligation to the 3 Lessor. 4 5 7. Maintenance and Operation. 6 Lessee is familiar with the leased premises and has knowledge of the present 7 conditions that exist thereon. Lessee shall, at Lessee's own cost and expense, keep and 8 9 maintain all improvements thereon in good condition and repair, both as to the exterior and 10 interior portions thereof. Lessee shall provide or cause to be provided, all security services, 11 custodial services, janitorial services, lawn maintenance services, and weed abatement 12 services that are required for the proper care and use of the premises. Lessee shall use all 13 reasonable precaution to prevent waste, damage or injury to the property. Lessor shall, at 14 any reasonable time, have the right to go upon the property and inspect and examine the same 15 relative to such maintenance and upkeep. 16 S. Utilities. 17 18 Lessee shall pay for all electricity, gas, water, refuse service, telephone service, and all 19 other services and utilities, including service installation fees and charges for such utilities 20 Which are not or may hereafter be provided to the leased premises as to any charges or fees 21 accruing during the term of this Lease. If Lessee desires additional utilities and/or utility 22 services to the premises, Lessee must first obtain written consent from Lessor. 23 9. Ownership. 24 25 Lessee acknowledges Lessor's title, paramount interest and ownership of the subject 26 property, and Lessee agrees never to claim, challenge, or contest said title, ownership or 27 interest of Lessor. 28 3 2000-12 1 2 10. Taxes/Possessory Interest. 3 Lessee covenants during the term of this Lease to pay, when due, all tares and 4 5 assessments that may be assessed or imposed upon the Lessee's possessory interest in and to 6 the premises and upon personal property located on the leased premises. During Lessee's 7 possession and use of the leased premises, should any tares thereon be assessed against 8 Lessor, Lessee agrees to indemnify Lessor thereon. 9 11. Amendment. 10 This agreement may be amended or modified only by written agreement signed by 11 both parties. 12 12. Insurance. 13 14 (a) Fire. Lessee agrees to procure and maintain in force during the term of this 15 agreement and any extension thereof, at its expense, a policy or policies of insurance whereby 16 the CITY OF SAN BERNARDINO will be named as the primary insured against loss or 17 damage to the leased premises, appurtenances and permanent equipment therein, resulting 18 from fire, windstorm and extended perils, in a minimum amount of$100,000.00. Damage 19 from lightning, vandalism, malicious mischief and such perils ordinarily defined, as "extended 20 21 coverage" shall be included in such coverage. The insurance policy shall be issued in the 22 names of Lessor and Lessee. The insurance policy shall provide that any proceeds shall be 23 made payable solely to the Lessor, or, alternatively, to Lessor and Lessee, as their 24 interests may appear. 25 (b) Liability. Lessee agrees to procure and maintain in force during the term of this 26 lease and any extension thereof, at its expense, public liability insurance in companies and 27 '28 4 2000-12 1 through brokers approved by Lessor through its Risk Manager, adequate to protect against 2 liability for damage claims through the Lessee's use of or arising out of the use of the leased 3 premises, in a minimum amount of ONE MILLION DOLLARS ($1,000,000.00) 4 5 combined single limit. Lessee shall provide to Lessor's Risk Management Division, an 6 annual policy of insurance, which includes: 7 1. The City of San Bernardino as an additional named insured; 8 2. The insurance company name, policy number,period of coverage and the amount 9 of insurance; 10 3. That the Real Property Section of the City of San Bernardino must be given notice, 11 in writing, at least thirty rty (30) days prior to cancellation, material change or refusal to renew 12 policy; and 13 14 4. Condition that Lessee's insurance will be primary to any coverage that Lessor may 15 have in effect. 16 Lessee agrees that, if such insurance policies are not kept in force during the term of 17 this lease, and any extension thereof, Lessor may have the option of one of the following: 13 (a) Procure the necessary insurance, pay the premium therefor, and that such premium 19 20 shall be repaid to Lessor as an additional rent installment for the month following the date on 21 which such premium is paid. 22 (b) Immediately declare this Lease in default, and terminate this Lease forthwith. 23 13. Damage by Fire Earthquake or Calamity. 24 If by earthquake, flood or other similar calamity or act of God, or if by fire, act of war 25 or other similar cause, any existing improvements, or any improvements constructed by 26 Lessee on the leased property are destroyed or damaged to a substantial degree, Lessee shall 27 `28 s 2000-12 1 repair them when such repairs can be made in conformity with any applicable law, and if 2 within ninety (90) days after the date when such destruction or damage occurs, Lessee has 3 not commenced repair or reconstruction, the Lessor may terminate this Lease upon forty- 4 5 five (45) days' written notice to Lessee. If so terminated, then Lessee shall, at its own 6 expense, and upon election by Lessor, forthwith remove any or all of the damaged 7 improvements. g 14. Indemnification. 9 Lessee shall exercise its privileges under this Lease at its own risk. Lessee shall 10 indemnify and hold harmless Lessor, its elective and appointive boards, commissions, 11 officers, agents and employees from liability resulting from, arising out of, or in any way 12 13 connected with, the Lessee's operations under this agreement or Lessee's occupation of 14 the property, including claims resulting from the conduct of Lessee, its employees, 15 invitees, guests or agents of Lessee, or Lessee's failure to perform its promises in connection 16 herewith. Lessee shall defend Lessor, its elective and appointive boards, commissions, 17 officers, agents, and employees from any suits or actions at law or in equity for damages 18 caused, or alleged to have been caused, by reason of any of Lessee's operations under this 19 20 agreement. Lessor shall not be liable to Lessee if Lessee's occupation or use of the property 21 is hindered or disturbed. 22 15. Notices. 23 All notices herein required shall be in writing and delivered in person or sent by 24 certified mail, postage prepaid, addressed as follows: 25 26 27 28 6 2000-12 1 2 3 LESSOR: LESSEE: 4 CITY OF SAN BERNARDINO SAN BERNARDINO JUNIOR ALL AMERICAN Real Property Section FOOTBALL 5 300 North "D" Street 1244 West 9th Street San Bernardino, CA 92418 San Bernardino, CA 92411 6 (714) 384-5111 (714) 889-7717 7 8 16. Condition of Property Upon Surrender. 9 Upon termination of this agreement, Lessee agrees to surrender the said property 10 occupied under the Lease herein anted, in as 8r good condition as same was at the time 11 of Lessee's original entry. Lessor may elect to take possession of and appropriate to itself 12 13 without payment any property of Lessee, or anyone claiming under Lessee, which Lessee 14 fails to remove after notice. 15 17. Severability. 16 In the event this agreement, or any portion thereof, should be determined to be 17 void, illegal or improper, for any reason whatever, all other portions of the agreement shall 18 remain fully enforceable to the extent possible after such determinations. 19 18. Default. 20 21 In the event Lessee shall be in default in the payment of rentals, taxes, or other charges 22 hereunder, or shall otherwise breach its covenants or obligations hereunder, and shall be and 23 remain in default for a period of thirty (30) days after written notice from Lessor to it of 24 such default, Lessor shall have the right and privilege of terminating this Lease and 25 declaring the same at an end, and of entering upon and taking possession of said premises, 26 and shall have the remedies now or hereafter provided by law for recovery of rent and/or 27 '28 7 2000-12 1 taxes, repossession of the premises and damages occasioned by such default. If such default 2 should occur, then Lessor shall have the right to take possession of and appropriate to itself 3 without payment therefor, any property p rty of Lessee or anyone claiming under him, then 4 remaining on said premises. 5 6 7 g 19. Effect of Lessor's Waiver. 9 Lessor's waiver of breach of one term, covenant, or condition of this Lease is not a 10 waiver of breach of others, nor of subsequent breach of the one waived. Lessor's acceptance 11 of rent installments after breach is not a waiver of the breach, except of breach of the 12 13 covenant to pay the rent installment or installments accepted. 14 20. Duty to Make Alterations Additions or Changes Required by Law. 15 If, during the term of this Lease, any law, regulation, or rule requires that an 16 alteration, addition, or other change be made to the leased premises, the parties agree as 17 follows: 18 (a) If the alterations, additions, or changes are required as a result of Lessee's use of 19 20 the premises, Lessee will make them and bear all expense connected therewith. 21 (b) If the alterations, additions, or changes are required as a result of the condition or 22 nature of the premises at the time of execution of this Lease, not caused by use of the 23 premises by Lessee, Lessor will make them and bear all expense connected therewith. 24 21. Inspections. 25 Lessor, its agents, officers, or employees may enter upon the leased premises at such 26 reasonable times during Lessor's normal business hours as it deems necessary for the 27 18 8 2000-12 1 purpose of inspection of the premises to determine whether the terms and conditions of this 2 Lease are being performed and kept by Lessee. 3 22. Non-Discrimination. 4 5 The Lessee hereby covenants by and for itself, its heirs, executors, administrators, 6 employees, agents, and assigns, and all persons claiming under or through it, that there shall 7 be no discrimination against or segregation of any person or group of persons, on account of 8 race, color, religion, sex, national origin, ancestry, age, or handicap, in the leasing, 9 subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased, 10 nor shall the Lessor itself, or any person claiming under or through it, establish or permit any 11 such practice or practices of discrimination or segregation with reference to the selection, 12 13 location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, agents, 14 employees, assigns, or vendees in the premises herein leased. 15 23. Assienments: Sole Occupancy. 16 Lessee shall not assign this Lease or sublet the leased premises or any part thereof 17 without obtaining the prior written consent of the Lessor. The parties contemplate that 18 Lessee shall be the sole occupant of these premises, and the rental rate is established 19 based in part thereon. Any change in occupancy constitutes a material breach of this 20 21 agreement. 22 24. Eminent Domain. 23 If the whole of the leased premises, or so much thereof as to render the remainder 24 unusable for the purposes for which the same was leased, shall be taken under the power of 25 eminent domain, then this Lease shall terminate as of the date possession shall be so taken. 26 If less than the whole of the leased premises shall be taken under the power of eminent 27 A28 9 2000-12 1 domain, and the remainder is usable for the leased purposes, then this Lease shall continue in 2 full force and effect and shall not be terminated by virtue of such taking and the parties 3 may waive the benefit of any law to the contrary, in which event the parties shall determine 4 5 if a partial abatement of the rent hereunder is justified. Any award made in eminent domain 6 proceedings for the taking or damaging of the leased premises in whole or in part shall be 7 paid to the Lessor (together with any other money which shall be or may be made available 8 for such purposes). 9 25. Lease Breached by Lessee's Receivership Assignment for Benefit of Creditors 10 Insolvency, or Bankru tc . 11 Appointment of a receiver to take possession of Lessee's assets, Lessee's general 12 assignment for benefit of creditors, or Lessee's insolvency or taking or suffering action under 13 the Bankruptcy Act is a breach of this Lease and shall terminate same. 14 26. Lease Applicable to successors Etc. 15 16 This Lease and the terms, covenants and conditions hereof apply to, and are binding 17 on the heirs, successors, executors, administrators and assigns of the parties hereto. 18 27. Entire Agreement/Lease. 19 This document represents the entire, total, and complete agreement and no other 20 written and/or oral agreements exist in this regard. 21 22 23 24 25 26 27 28 10 2000-12 1 IN WITNESS WHEREOF,the parties hereto have executed this agreement on the date first above written. 2 3 LESSOR: CITY OF SAN BERNARDINO 4 5 DATED: 6 TOM MINOR, Mayor 7 8 ATTEST: 9 10 DATED: 11 RACHEL CLARK, City Clerk 12 13 LESSEE: SAN BERNARDINO JUNIOR ALL AMERICAN 14 FOOTBALL 7 15 DATED: 1111118 By: 16 Title: 17 18 9 — 19 Title: 711,r✓- 20 21 Approved as to form and legal content: 23 JAMES F. PENMAN, 24 City Attorney 25 26 By. 27 2 n 2000-12 w J-13 115 •. . 7.i 3 —-4— .J fd al u u e. N M .I/I► .Iw eI 1.ow• � s lir � 0 � u e.. J m w w • w i a cr sra _. wsr O r v � ' ap 7 O Qe 1 O ' n O FYPTRTT "4" CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION \ From: Councilwoman Betty Dean Anderson Subject: Junior All-American Football Dept: Council Office Date: December 28, 1999 Synopsis of Previous Council Action: Recommended Motion: That San Bernardino Junior All-American Football be granted the use of property located at 1244 W. 9th Street at the rate of$1.00 (one dollar) annually. Signature Contact Person: Councilwoman Anderson Phone: 5378 Supporting Data Attached: Ward: 6 FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Description) -Finance: Council Notes: �Q / ��-� "2 /e- el/ I D /-z"06 0 �//s�/s7QD C1 Agenda Item No._ �� SAN BERNARDINO JUNIUC CLL - FIMCCICUN FCUT13CUU 1244 West 9th Street, San Bernardino, CA 92411 P.O. Box 7015, San Bernardino, CA 92411 Y J (909) 889-7717 / December 10, 1999 -- _ Betty D. Anderson 'I Sixth Ward Councilwoman City of San Bernardino Aw Council Chamber 300 North "D" Street San Bernardino, CA 92418 Councilwoman Anderson, The San Bernardino Junior All American Football Chapter is a nonprofit, community based organization that provides and represents a supervised, contact football sports program for of pSan1Bernardino boys and girls for over 20 years in the City Junior All American Football is requesting the use of city property located at 1244 West 9th Street, in San Bernardino, at the rate of $1 .00 (one dollar) annually. San Bernardino Junior All American Football Chapter will comply with all necessary operating functions such as lighting, water, gas and refuse accordingly. Subsequently, Junior All American will service and/or provide minor repairs to the above-mentione property location. Respectfully, Alvin Simpson, Commissioner San Bernardino Junior All American Football Chapter Page 1 of 1 Wages_Ja From: Fogassy_Le Sent: Wednesday, January 05, 2000 2:14 PM To: Wages_Ja Subject: FW: Jr. All American Football lease -----Original Message----- From:Fogassy_Le Sent: Wednesday,January 05,2000 8:54 AM To: Wilson Fr Cc: Hays_Mi;Casey_Ra Subject:Jr.All American Football lease As per your request, below is a summary of the lease agreement between the City and Junior All American Football: Since 1982, Junior All American Football has been leasing a City owned building located at 1244 W. 9th Street. The building is a former library and is located in Encanto Park. The original lease term was for 5 years at$50 per month. In 1988, the lease was renewed for another five years, and the rate increased to$75 per month. When the lease came up for renewal in 1992, it was recommended that the lease be increased to a fair market value lease of$300 per month. The director of Junior All American Football requested, through then Councilwoman Pope-Ludlam, that the lease remain at $75 due to financial hardships. The lease was extended for a two year period at the previous rate of$75 per month. In 1994, the lease was extended for an additional 3 years and the rate increased to$100 per month. The last, and most current, lease agreement was executed in 1997 for a period of 5 years at the monthly rate of$100. This lease is due to expire 11/30/2000. Since the original lease, all agreements contain language that states that the lessee is responsible for maintenance and repair of the facilities. The City's only responsibility for repairs would be in cases of health and safety issues, such as electrical or major structural problems. During the course of this lease there have been several instances where the lessee has asked for a reduction in or deference of lease payments due to financial hardships. Over the past few years, the payments are consistently behind. The last payment was made on 12/3/99, but they are still due for the the 11/1/99, 12/1/99 and 1/112000 lease payments. Their present insurance policy does not expire until 7/15/2000. Although the agreement requires the lessee to to maintenance and repairs,we are not aware of any repairs they have done. Over the years we have encouraged the organization to apply for CDBG funds for needed repairs and in 1997 even helped them prepare the application, which was never turned in by them. Please let me know if you need any additional information. Laszlo "Les"Fogassy, Real Property Official Development Services/Public Works Division City of San Bernardino 300 N. "D" Street San Bernardino, CA 92418 Tel: (909) 384-5026 1384-5111 Fax: (909) 384-5155 01/05/2000 �fkSARp�� CI BERNARDINO soO NORTH"D"STREET, SANBERNARDINO, CALIFORNIA 92418 NpED IN R A C H E L C L A R K C I T Y C L E R K January 26, 2000 Mr. Alvin Simpson, Commissioner San Bernardino All American Football 1244 West 9" Street San Bernardino, CA 92411 Dear Mr. Simpson: At the Mayor and Common Council meeting of January 24, 2000, the City of San Bernardino adopted Resolution 2000-12—Resolution authorizing an agreement with San Bernardino Junior All American Football for the property at 1244 West 9a' Street. Enclosed is one (1)original agreement. Please sign in the appropriate location and return the original agreement to the City Clerk's Office, Attn: Melanie Miller, P. O. Box 1318, San Bernardino, CA 92418 as soon as possible. Please retain a copy of the executed agreement for your files. Please be advised that the documents are null and void if not fully executed and returned to this office within sixty (60) days—March 24, 2000. If you have any questions, please do not hesitate to contact me at (909) 384-5002. Sincerely, Melanie Miller Senior Secretary A P . O . B O X 1 3 1 9 , S A N B E R N A R 0 1 N 0 . C A 9 2 9 0 2 3 0 0 N O R T H D S T R E E T . S A N 8 E R N A R D I N 0 . C A L I F D R N I A 9 2 4 1 9 . 0 0 0 1 ( 9 0 0) 3 B 4 - 9 0 0 2 ( 0 0 9 ) 3 B A - B 1 02 FA X . ( 9 0 0 ) 0 8 9 .5 1 S 9 T n n IT Y Y . 1 B e a 1 e 9 . .. a A e