Loading...
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