HomeMy WebLinkAboutAgenda Report - August 5, 2009 E-12AGENDA ITEM E"'- IZ
CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Adopt a Resolution Approving Lease Extension to Lodi Adopt -A -Child for 100 East
Pine Street, and authorize the City Manager to execute the Agreement on behalf of
the City cf Lodi.
MEETING DATE: August 5,2009
PREPARED BY: City Attorney's Office
RECOMMENDED ACTION: Adopt a Resolution Approving Extension of Lease to Lodi -Adopt -A -
Child for 100 East Pine Street, and further authorize the City
Managerto execute the agreement on behalf of the City of Lodi.
BACKGROUND INFORMATION: The City entered into a lease with the Lodi Adopt -A -Child
Foundation on May 28, 2002, for the property located at 100 East
Pine Street. The lease expires in May 2012. Lodi Adopt -A -Child
now desires to extend the lease term for an additional eight years to May 28, 2020. In exchange for
Council's approval of the extension, Lodi Adopt -A -Child, at its sole cost and expense, will repave the
parking lot located on the property.
FUNDING AVAILABLE: N/A
FISCAL IMPACT: N/A
nice D. gdich
yAttorney
APPROVED:
Blair King, 50anager
FIRST AMENDMENT TO LEASE AGREEMENT
FOR USE OF CITY BUILDING
LOCATEDAT 100 EAST PINE STREET, LODI, CALIFORNIA
BY
LODI ADOPT -A -CHILD, A NON-PROFIT 501(C) 3
COMMUNITY-BASED ORGANIZATION
THIS FIRST AMENDMENT TO LEASE AGREEMENT FOR USE OF CITY BUILDING LOCATED
AT 100 EAST PINE STREET, LODI, CALIFORNIA, is made and entered into this day of
2009, by and between the CITY OF LODI, a municipal corporation, hereinafter called "Owner', and LODI
ADOPT -A -CHILD FOUNDATION, a non-profit 501(c)3 community-based organization, hereinafter called
"Lessee."
BACKGROUND:
Lessee and Owner entered into a Lease dated May 28, 2002 concerning property owned by the
City of Lodi and located at 100 East Pine Street, Lodi, California ("Lease") for the operation of the
Lodi Adopt -A -Child.
2. Lessee desires to extend the lease term for an additional eight (8) years.
3. Accordingly, the parties have entered into this FirstAmendment to Lease Agreement on the terms
and conditions set forth below.
AGREEMENT:
NOW THEREFORE the parties agree as follows:
1. Lessee, at its sole cost and expense, will re -pave the parking lot located at 100 East Pine Street,
Lodi, California, in exchange for Owner granting an 8 -year extension of the term of the Lease, the
extended term being May 28,2012 through May 28,2020.
2. Paragraph 3 of the Lease is amended as follows:
3. TERM: The term of this Agreement shall be from May 28, 2002 through and including
May 28, 2020. Lease may be extended by mutual agreement, and with City Council approval,
for an additional term to be determined by Council.
3. AFFIRMATION OF REMAININGTERMS. All other terms of the Lease shall remain in full force and
effect except to the extent they conflict with this Amendment.
IN WITNESS WHEREOF, Owner and Lessee have executed this Amendment on the date and year
first above written.
CITY OF LODI, a municipal corporation
hereinabove called "Owner'
By:
BLAIR KING, City Manager
Attest:
RANDI JOHL, City Clerk
Ap ed as to Form:
NICE D MAGIDICH, Deputy City Attorney
LODI ADOPT -A -CHILD FOUNDATION, a
nonprofit 501(c)3 community based organization
hereinabove called "Lessee"
By:
JERRY GLENN, Executive, Director
RESOLUTION NO. 2009-105
A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING LEASE EXTENSION TO LODI ADOPT -A -
CHILD FOR 100 EAST PINE STREET, AND FURTHER
AUTHORIZINGTHE CITY MANAGERTO EXECUTE
THE AMENDMENTTO THE LEASEAGREEMENT ON
BEHALF OF THE CITY OF LODI
WHEREAS, the City entered into a lease with the Lodi Adopt -A -Child Foundation
on May 28, 2002, for the property located at 100 East Pine Street, which expires in May
2012; and
WHEREAS, Lodi Adopt -A -Child now desires to extend the lease term for an
additional eight years to May 28, 2020, and in exchange for Council's approval of the
extension, Lodi Adopt -A -Child, at its sole cost and expense, will re -pave the parking lot
located on the property.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approve a Lease Extension to Lodi Adopt -A -Child for 100 East Pine Street, Lodi,
California, for an additional eight years; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to
execute the Amendment to the Lease Agreement on behalf of the City of Lodi.
Dated: August 5, 2009
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hereby certify that Resolution No. 2009-105 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held August 5, 2009, by the following
vote:
AYES: COUNCIL MEMBERS — Hitchcock, Johnson, Katzakian, Mounce,
and Mayor Hansen
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS—None
L
City Clerk
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