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CITY OF SAN BERNARDINO
AMENDMENT NO. 1 TO LEASE AGREEMENT
This Amendment No. 1 to Lease Agreement (“Lease”) is made and entered into on this [___] day of [______], 2025, by and between the CITY OF SAN BERNARDINO, a charter city and municipal corporation (“City” or “Lessee”), and Casa Ramona, Inc., a California Nonprofit Corporation (“Lessor”). City and Lessor may be referred to in this Lease individually as “Party” or collectively as “Parties.”
RECITALS
A. Lessor is the owner of certain real property located at 1543 W. 8 th Street, San Bernardino, California, 92411 AND/OR APN 0139-273-03-0000, in the City of San Bernardino, County of San Bernardino , State of California (“the Property”) , more particularly described in Exhibit “A”, attached hereto and incorporated herein by reference.
B. Lessor and Lessee enter ed into a Lease Agreement on October 2, 2024 , for the subject property.
C. Upon the terms and conditions set forth in the Lease Agreement of October 2, 2024 , Lessor desires to continue leasing the Property ( the “Leased Premises”) to City, and City desires to continue leasing the Leased Premises from Lessor for the purpose of providing Interim Animal Shelter Supportive services.
AGREEMENT
1. Term. The term of this Amendment No. 1 to Lease Agreement shall commence on October 1, 2025 (“Renewal Date”).
The lease provided herein shall continue for a period of five (5) years, ending on September 30, 2030. After expiration of the term under this Amendment No. 1 to Lease Agreement, and in the case where City has not vacated the Leased Premises prior to expiration, tenancy shall continue on a month -to-month basis , under the same terms and conditions under this Lease , until either party terminates this Lease in accordance with Section 20 of the original Lease.
1.1 Renewal Option . City has an option to extend this Lease for an additional term(s) of one (1) year (“Extended Term”). To exercise the option, City must provide written notice to Lessor at least ninety ( 90) days before the end of the Initial Term.
2. Payments.
2.1 Base Lease Payments . City shall pay to Lessor, as rent, the sum of $10,763.00 per month (the “Base Lease Payment”) or $1.50 per square foot of gross
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leasable Area (GLA) . The first lease payment under this Amendment No. 1 to Lease Agreement shall be due on October 1, 2025. Subsequent lease payments shall be due and payable on the first day of each calendar month.
2.2 Additional Rent. Co mmencing on the first anniversary of the date City is obligated to pay rent under this Amendment No. 1 to Lease Agreement, and continuing on each subsequent anniversary during the term of this Lease, the Base Lease Payments shall be increased by 3 percent (3%).
3. Notice. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by registered or certified mail, return receipt requested, telegraphed, delivered or sent by telex, telecopy or cable and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if mailed, three (3) business days after the date of posting by the United States post office, (iii) if given by telegraph or cable, one (1) business day after the date delivered to the telegraph company with charges prepaid.
To City: City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, California 92401
Attn: City Manager
To Lessor Casa Ramona, Inc.
Attn: Esther Estrada
531 Tia Juana Street
San Bernardino, CA 92411
Notice of change of address shall be given by written notice in the manner detailed in this Section. Rejection or other refusal to accept , or the inability to deliver because of changed address of which no notice was given , shall be deemed to constitute receipt of the notice, demand, request or communication sent.
4. Counterparts. This Amendment No. 1 to Lease Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.
5. Captions. Any captions to, or headings of, the section s or subsections of this Amendment No. 1 to Lease Agreement are solely for the convenience of the parties hereto, are not a part of this Lease, and shall not be used for the interpretation or determination of the validity of this Lease or any provision hereof.
6. No Obligations to Third Parties . Except as otherwise expressly provided herein, the execution and delivery of this Lease shall not be deemed to confer any rights upon, nor obligate any of the parties thereto, to any person or entity other than the parties hereto.
7. Amendment of Lease. The terms of this Amendment No. 1 to Lease
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Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto.
8. Waiver. The waiver or failure to enforce any provision of this Amendment No. 1 to Lease Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof.
9. Applicable Law . This Amendment No. 1 to Lease Agreement shall be governed by and construed in accordance with the l aws of the State of California.
Venue shall be the County of San Bernardino.
10. Authority to Execute Lease. Lessor and City warrant that the individu als who have signed this Amendment No. 1 to Lease Agreement have the legal power, right and authority to enter into this Lease so as to bind each party for whom they sign to perform as provided herein.
11. Successors and Assigns . This Amendment No. 1 to Lease Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto.
12. Incorporation of Recitals. Each and all of the Recitals to this Amendment No. 1 to Lease Agreement are incorporated by reference as though fully set forth herein.
13. Entire Agreement. This Amendment No. 1 to Lease Agreement modifies any prior agreements, negotiations and communications, oral or written , between City and Lessor as to the subject matter hereof. No subsequent agreement, representat ion, or promise made by either P arty hereto, or by or to an y employees, officer, age nt or representative of either P arty shall be of any effect unless it is in writing and executed by the party to be bound thereby.
14. Severability. If any portion of this Lease is declared by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of this Lease shall continue in full force and effect.
15. Electronic Signatures. The Parties hereto hereby agree that electronic signatures are acceptable and shall have the same force and effect as original wet signatures.
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SIGNATURE PAGE TO AMENDMENT NO. 1 TO LEASE AGREEMENT
BETWEEN CITY OF SAN BERNARDINO AND Casa Ramona, Inc., a 501 C3 Nonprofit company
IN WITNESS WHEREOF, the P arties have executed this Amendment No. 1 to Lease Agreement as of the date first written above.
CITY OF SAN BERNARDINO
APPROVED BY:
Eric Levitt
City Manager
ATTESTED BY:
Telicia Lopez
Acting City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CASA RAMONA, INC.
Signature
Name
Title
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EXHIBIT A
1543 W. 8th Street, San Bernardino, CA 92411