6/8/2023
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RiversideCA.gov
FIRST AMENDMENT TO COMMERCIALLEASE AGREEMENT WITH WATTEV SB1,1388 SOUTH E. STREET, SAN BERNARDINOCity Council June 20, 2023Public Utilities Department RiversideCA.gov2
BACKGROUND1. On October 12, 2021, the City Council approved (Board of PublicUtilities approved on September 13, 2021) a Commercial LeaseAgreement with WattEV, SB1, Inc., for an initial 15-year term plusthree optional five-year extensions for the City owned propertylocated at 1388 South E. Street, San Bernardino, California.2. On February 15, 2023, staff received notification from WattEV SB1,Inc., requesting to amend their Rent Commencement Date due todelays directly related to obtaining entitlements from the City ofSan Bernardino and relinquishing easements with San BernardinoMunicipal Water Department. Therefore, staff is proposing a FirstAmendment to the Commercial Lease Agreement. 6/8/2023
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Staff has reviewed the proposed First Amendment to the Commercial Lease Agreement and recommends the Rent Commencement Date be amended under the terms summarized below: 1. Rent Commencement Date: Amended from February 12, 2023 to October 1, 2023.2. Expiration Date: Amended from February 11, 2038 to September 30, 2038. 3. Other: All other terms of the original lease shall remain unmodified and in full force.PROPOSED AMENDED LEASE TERMS RiversideCA.gov4
Priority 5: High Performing GovernmentGoal 5.4 -Achieve and maintain financial health by addressing gaps between revenues and expenditures and aligning resources with strategic priorities to yield the greatest impact.Priority 6: Infrastructure, Mobility & ConnectivityGoal 6.2 -Maintain, protect and improve assets and infrastructure within the City’s built environment to ensure and enhance reliability, resiliency, sustainability, and facilitate connectivity.Cross-Cutting ThreadsSTRATEGIC PLAN ALIGNMENT
6/8/2023
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That the City Council:1. Approve a First Amendment to the Commercial Lease Agreementwith WattEV, SB1, Inc., to amend the Rent Commencement Date toOctober 1, 2023 and Lease Expiration date to September 30, 2038 forCity-owned Property located at 1388 South E. Street, San Bernardino,California;2. Authorize the City Manager, or designee, to execute the FirstAmendment, including making minor, non-substantive changes, andto sign all documents and instruments necessary to complete thetransaction; and3. Authorize the City Manager, or designee, to execute a SecondAmendment to extend the Rent Commencement Date to no laterthan December 31, 2023 and the Expiration Date to no later thanDecember 30, 2038, if necessary.RECOMMENDATIONS