FIRST AMENDMENT TO LEASE AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO
AND
WM INLAND INVESTORS IV LP
This First Amendment to Lease Agreement (“First Amendment”) is made and entered into as of [____], 2026 (“Effective Date”), by and between the City of San Bernardino (a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401) (“ Lessee”) and WM Inland Investors IV LP (a Delaware limited partnership with its principal place of business at 500 Inland Center Drive, San Bernardino, California 92408) (“Lessor”). Lessee and Lessor are sometimes referred to herein individually as a “Party” and collectively as “Parties”.
RECITALS
A. The Parties entered into a lease agreement dated February 1, 2020 (“Lease”), for Lessor to lease property located in the enclosed shopping mall known as Inland Center Mall for use as a community service administrative office or for other police service purpose by the Police Department; and
B. The Parties now desire to amend the Lease to extend the term , modify condition of premises language, and remove early termination reimbursement language.
NOW, THEREFORE, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.
2. Amendment. The Lease is hereby amended as follows:
a. Section 1. Section 1 is deleted in its entirety and replaced with the following language to read as follows: “The t erm of t he lease will be from February 1, 2020 to January 31, 2032, unless the lease is previously terminated as provided for herein (“Term”).”
b. Section 6. A new paragraph is add at the end of Section 6 to read as follows: “ Lessee acknowledges and agrees that Lessor shall have no obligation to undertake any work of improvement upon the Premises and that Lessee shall continue to lease the Premises for the Term in an "As Is" condition; however, nothing in this Section shall be deemed to modify Lessor's repair obligations as expressly set forth in the lease.
The Premises have not undergone an inspection by a CASp.” c. Section 16 . Section 16 is amended by deleting the following language: “If Lessee terminates this Lease under this Section 16 prior to the expiration of the Term, Lessee shall reimburse Lessor for the remaining unamortized value of the Initial
Improvements, which the parties have agreed shall be fifteen thousand dollars ($15,000.00) for each year remaining on the Term of this lease, prorated accordingly for partial calendar years; provided, however, Lessee shall not be obligated to reimburse Lessor for the remaining unamortized value of the Initial Improvements if this Lease is terminated due to Lessor's default. Payment of all such sums shall be made by Lessee upon the termination of this Lease.”
3. Continuing Effect of Lease. Except as amended by this First Amendment, all provisions of the Lease as amended shall remain in full force and effect, and shall govern the actions of the Parties under this First Amendment. Whenever the term “Lease” appears in the original Lease from and after the date of this First Amendment, it shall mean the Lease as amended.
3. Electronic Transmission. A manually signed copy of this First Amendment which is transmitted by facsimile, electronic mail, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this First Amendment for all purposes. This First Amendment may be signed using an electronic signature.
4. Counterparts. This First Amendment may be signed in counterparts, each of which shall constitute an original.
IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment on the Effective Date.
CITY OF SAN BERNARDINO
Approved By:
Eric Levitt
City Manager
Attested By:
Telicia Lopez, CMC
City Clerk
Approved as to Form:
City Attorney
Best Best & Krieger LLP
WM INLAND INVESTORS IV LP
[__________]
[__________]