RESOLUTION NO. 2020-14
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO AMEND THE
LEASE BETWEEN THE CITY OF SAN BERNARDINO
AND AKOMA UNITY CENTER FOR FACILITY USE OF
ANNE SHIRRELLS COMMUNITY CENTER AT 1367
NORTH CALIFORNIA STREET, SAN BERNARDINO,
CALIFORNIA FROM JULY 1, 2018 THROUGH JUNE 30,
2026; AND AMENDING THE FY 2019/20 CAPITAL
IMPROVEMENT PROGRAM (CIP) TO ADD ANNE
SHIRRELLS COMMUNITY CENTER IMPROVEMENTS;
AUTHORIZING THE DIRECTOR OF FINANCE TO
ACCEPT $135,000 CONTRIBUTION FROM MAC
FOUNDATION; AND APPROPRIATING $73,308 FROM
FUND 247 CULTURAL DEVELOPMENT CONSTRUCTION
FUND TO COMPLETE THE PROJECT
WHEREAS, on August 15, 2018, by Resolution No. 2018-208, the Mayor and Common Council authorized the execution of a Lease with Akoma Unity Center for property located at 1367 N. California Street ("Lease"); and
WHEREAS, Akoma Unity Center wishes to enter into a Lease Amendment to extend the term of the current Lease for an additional five-year term, terminating on June 30, 2026; an WHEREAS, Akoma Unity Center has secured a grant from the MAC Foundation in the amount of $135,000 to complete improvements at the Ann Shirrells Park and Community Center, which requires the City to provide matching funds to provide for site improvements at Anne Shirrells Park and Community Center.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this. reference.
SECTION 2. That the City Manager is hereby authorized to execute a lease amendment, SECTION 3. That the City Council authorize an amendment to the 2019-2020 Capital Improvement Program (CIP) to add Anne Shirrells Community Center Improvements, authorize the Director of Finance to accept the $135,000 contribution from the MAC Foundation and Resolution No. 2020-14
appropriate $83,308 from Fund 247, Cultural Development Construction Fund to complete the project.
SECTION 4. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEOA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQÁ.
SECTION 5. Severability. If any provision of this Resolution or the application thereof o any person or circumstance is held invalid, such invalidity shall not affect other provisions o applications, and to this end the provisions of this Resolution are declared to be severable SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City C puncil and signed by the Mayor and attested by the City Clerk this 15th day of January, 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
*Teneral Conta
Georgeann Hanna, MMC, City Clerk
Approved as to form:
Gary D. Saenz, City Attorney
Resolution No. 2020-14
CERTIFICATION
CITY OF SAN BERNARDINO)
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-14, adopted at a regular meeting held on the 15th day of January 2020, by Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ
IBARRA
FIGUEROA
SHORETT
NICKEL
RICHARD
MULVIHILL
WITNESS my hand and official seal of the City of San Bernardino this 16" day of January 2020. sandrahedma. Depute
o Georgeann Hanna, MMC, City Clerk
FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND AKOMA UNITY CENTER, INC.
This First Amendment ("First Amendment" to the Lease Agreement dated August 15, 2°Cy) and ma Unity a mad and can i a by and lastice so cry of san Beardino Akoma leases Anne Shirrell's Community Center located in Anne Shirrell Park at 1367 N. California Street, San Bernardino, CA 92411 from the City pursuant to the Lease Agreement.
2. The Lease Agreement presently expires on June 30, 2021 and is subject to tu iditional one-year options at Akoma's discretio
initial term through; 2026, ly and Ake rent girl tally ved the addit at five years, and rd the Akoma's right to two one-year options.
ection 3 of the Le 2e Agreement is hereby amended to replace the words "Jun 0, 2021" with the words "J
5. Section 4.1 of the Lease Agreement is hereby amended in its entirety to read as follows:
"LESSEE shall pay to CITY the following rental payments in advance on the first day of each month, commencing on
COMMENCEMENT DATE, and continuing through the INITIAL
TERM:
Year One [through June 30, 2019] $1,008.00 per month
Year Two [July 1, 2019 - June 30, 2020] $1,008.00 per month Year Three [July 1, 2020 - June 30, 2021] $1,008.00 per month Year Four [July 1, 2021 - June 30, 2022] $1,500.00 per month Year Five [July 1, 2022 - June 30, 2023] $1,500.00 per month Year Six [July 1, 2023 - June 30, 2024] $1,500.00 per month Year Seven July 1, 2024 - June 30, 2025] $2,000.00 per month Year Eight [July 1, 2025 - June 30, 2026] $2,000.00 per month"
6. Section 39 of the Lease Agreement is hereby amended to add the following second paragraph:
"Notwithstanding the foregoing, prior to January 15, 2025, this AGREEMENT may not be terminated pursuant to this Section 39 xcept in one circumstance: By LESSEE and only in the event th an Bernardino City Unified School District terminates it funding/operating agreement with LESSEE."
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Except as modified by this First Amendment, all provisions of the Lease Agreement shall remain in full force and effect for the term thereof.
This First Amendment may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. [SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE TO
FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND AKOMA UNITY CENTER, INC.
Dated: January → 2020 AKOMA UNITY CENTER, INC.
By: Kimberley Calvin
Its: Executive Director
Dated: January _ 2020 CITY OF SAN BERNARDINO
By: Teri Ledoux
Its: City Manager
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