HomeMy WebLinkAbout2013 CON Boys' & Girls' Club of Greater San Diego - Lease 1430 "D" Avenue - Amendment #1FIRST AMENDMENT TO THE LEASE
BY AND BETWEEN
THE CITY OF NATIONAL CITY AND
THE BOYS & GIRLS CLUBS OF GREATER SAN DIEGO, INC.
This First Amendment to the Lease ("Amendment") is made and entered into this 6th day
of May, 2013, by and between the City of National City, a municipal corporation, hereinafter
designated as "Lessor", and the Boys & Girls Clubs of Greater San Diego, Inc., hereinafter
designated as "Lessee," collectively referred to as the "Parties."
RECITALS
A. The Parties entered into the Lease By and Between the City of National City and the
Boys & Girls Clubs of Greater San Diego, Inc. on August 16, 2011 ("Lease"). Pursuant
to this Lease, Lessee is leasing from Lessor certain real property, including a building and
other improvements, for the purpose of maintaining a clubhouse thereon, and for
promoting the physical, mental, and moral well-being of the boys and girls of the City of
National City, and for boys and girls in the immediate vicinity thereof
B. Lessee has identified a prospective donor (to wit: L. Robert Payne) willing to contribute
one -million dollars ($1,000,000) to the National City Branch of the Boys & Girls Clubs
of Greater San Diego, Inc. In recognition of this contribution, Lessee seeks to rename the
National City Branch the Bob Payne Family Branch, in honor of the donor, L. Robert
Payne.
C. The donor, L. Robert Payne, has long established ties to the City of National City. Mr.
Payne was born and raised in National City, attended school in National City, and
graduated from Sweetwater Union High School. Mr. Payne has achieved a high level of
accomplishment in the business community and has been a significant contributor to
philanthropic organizations. Mr. Payne specifically chose the National City Branch of the
Boys & Girls Clubs of Greater San Diego, Inc. as the beneficiary of his donation.
D. The Lease between the Parties requires at Paragraph Number 18 that any change to
existing signage be approved by Lessor. Lessee expects to change the current signage to
reflect the new name of the National City Branch of the Boys & Girls Clubs of Greater
San Diego, Inc. to Boys & Girls Clubs Bob Payne Family Branch. The Lease does not
currently address naming rights to the Leased Premises.
E. The Parties seek to enter this First Amendment to the Lease to allow for the name change
to the Leased Premises and to allow the exterior signage be changed to reflect the new
name, to wit: Boys & Girls Clubs Bob Payne Family Branch.
NOW, THEREFORE, the parties hereto agree to the following as the First Amendment to
the Lease:
1. Naming of Premises. The naming of the Leased Premises is subject to approval by the
City Council. The Parties agree that the Lessee may rename the Leased Premises the
"Boys & Girls Clubs Bob Payne Family Branch" for the duration of the lease between
1
2013 First Amendment to Lease
Between City of National City and
Boys and Girls Clubs of Greater San Diego
the Parties. Any further name change to the Leased Premises shall require approval
by the City Council. The Parties further agree that this Amendment constitutes the
Lessor's approval of the name change to the Leased Premises and to the exterior
signage consistent with the rendering attached as Exhibit A to this Amendment.
Lessee shall remain obligated to obtain any and all regulatory approvals that may be
required for the sign change (e.g. building and planning permits) and to comply with
all laws related to signage. Nothing in this Amendment modifies, changes, or affects
any Municipal Code or other law requirements related to signs or signage.
2. Each and every provision of the Lease entered into on August 16, 2011, shall remain
in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to Lease to be
executed by their duly authorized officers or representatives as of the day and year first above
written.
CITY OF NATIONAL CITY
By:
on Morrison, Mayor
P • OVED AS TO FORM:
C1aTd'a G. S
City Attorne
THE BOYS & GIRLS CLUBS OF GREATER
SAN DIEGO, INC.
(Corporation — sid ature o co ate officers)
By:
ny Sherlock
resident and CEO
Tee Ness
Board Chairman
2
2013 First Amendment to Lease
Between City of National City and
Boys and Girls Clubs of Greater San Diego
1/4" thick laser cut black acrylic letters
Approximately 8" high letters.
Mounted to wall with double sided tape and silicon adhesive.
Proposed design
Window graphics over entry
doors in white cut vinyl.
EXHIBIT A
Current Si • n
BOYS &GIRLS CLUB
Bob Payne Family Branch
Boys and Girls Club National City Sign Proposal.cdr
SIGN-A-RAMA
YOUR FULL SERVICE SIGN CENTER
This drawing is submitted for your review and
approval and is the exclusive property of Sign -
A -Rama. It may NOT be reproduced, copied,
exhibited, or utilized for any purpose, in part or
in whole, by any individual without written
consent of Sign -A -Rama. Copyright 2008.
SIGN-A-RAMA
1509 East Valley Pkwy. #B
Escondido, CA 92027
760-746-1132
FAX: 760-746-0361
Client:
Danny Sherlock
Addressdsherlock@sdyouth.org
04/26/13
Date:
1/4" thick laser cut black acrylic letters
Approximately 8" high letters.
Mounted to wall with double sided tape and silicon adhesive.
Proposed design
Window graphics over entry
doors in white cut vinyl.
EXHIBIT A
Current Si. n
BOYS &GIRLS CLUB
Bob Payne Family Branch
Boys and Girls Club National City Sign Proposal.cdr
SIGN-A-RAMA
YOUR FULL SERVICE SIGN CENTER
This drawing is submitted for your review and
approval and is the exclusive property of Sign -
A -Rama. It may NOT be reproduced, copied,
exhibited, or utilized for any purpose, in part or
in whole, by any individual without written
consent of Sign -A -Rama. Copyright 2008.
SIGN-A-RAMA
1509 East Valley Pkwy. #B
Escondido, CA 92027
760-746-1132
FAX: 760-746-0361
Client:
Danny Sherlock
Addressdsherlock@sdyouth.org
04/26/13
Date:
RESOLUTION NO. 2013 — 62
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT
TO THE LEASE BY AND BETWEEN THE CITY OF NATIONAL CITY
AND THE BOYS & GIRLS CLUBS OF GREATER SAN DIEGO
APPROVING THE NEW NAME AND NEW EXTERIOR SIGNAGE
OF THE BUILDING LOCATED AT 1430 "D" AVENUE, TO
"BOYS & GIRLS CLUBS BOB PAYNE FAMILY BRANCH",
IN RECOGNITION OF THE DONATION TO
THE BOYS & GIRLS CLUB FROM L. ROBERT PAYNE
WHEREAS, on August 16, 2011, the City Council adopted Resolution No. 2011-
183, approving a Lease with the Boys & Girls Clubs of Greater San Diego, Inc. ("Boys & Girls
Club")
WHEREAS, pursuant to this Lease, Boys & Girls Club is leasing from the City
certain real property, including a building and other improvements, located at 1430 "D" Avenue,
for the purpose of maintaining a clubhouse thereon, and for promoting the physical, mental, and
moral well-being of the boys and girls of the City of National City, and for boys and girls in the
immediate vicinity; and
WHEREAS, the Boys & Girls Club has identified a prospective donor (to wit: L.
Robert Payne) willing to contribute one -million dollars ($1,000,000) to the National City Branch
of the Boys & Girls Clubs of Greater San Diego, Inc. In recognition of this contribution, Lessee
seeks to rename the National City Branch the Bob Payne Family Branch, in honor of the donor,
L. Robert Payne; and
WHEREAS, Paragraph Number 18 of the Lease requires that any change to the
existing signage be approved by the City. The Boys & Girls Club expects to change the current
signage to reflect the new name of the National City Branch of the Boys & Girls Clubs of Greater
San Diego, Inc., to Boys & Girls Clubs Bob Payne Family Branch. The Lease does not currently
address naming rights to the Leased Premises.
WHEREAS, the Parties seek to enter this First Amendment to the Lease to allow
for the name change to the Leased Premises and to allow the exterior signage be changed to
reflect the new name, to wit: Boys & Girls Clubs Bob Payne Family Branch.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute the First Amendment to the Lease by and
between the City of National City and the Boys & Girls Clubs of Greater San Diego approving
the new name and new exterior signage of the building located at 1430 "D" Avenue to "Boys &
Girls Clubs Bob Payne Family Branch", in recognition of the donation to the Boys & Girls Club
from L. Robert Payne.
--- Signature Page to Follow ---
Resolution No. 2013 — 62
Page Two
PASSED and ADOPTED this 7th day of May, 2013.
ATTEST:
htitii5/
/0) At,
Mich I R. Dalla, Cj':y Clerk
PPROVED AS TO FORM:
\ %
Ga• ua Silva
City Attorn
orrison, Mayor
Passed and adopted by the Council of the City of National City, California, on May 7,
2013 by the following vote, to -wit:
Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
City erk of the City of ational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2013-62 of the City of National City, California, passed and adopted
by the Council of said City on May 7, 2013.
City Clerk of the City of National City, California
By:
Deputy
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
-^G
MEETING DATE: May 7, 2013
AGENDA ITEM NO. 19
ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to
execute the First Amendment to the Lease by and between the City of National City and the Boys &
Girls Clubs of Greater San Diego approving the new name and new exterior signage of the building
located at 1430 "D" Avenue to "Boys & Girls Clubs Bob Payne Family Branch", in recognition of the
donation to the Boys & Girls Club from L. Robert Payne
PREPARED BY: Claudia Gacitua Silva — ext. 4222
EXPLANATION:
DEPARTMENT:
APPROVED BY:
rney
Staff previously received direction from the Council to return with a lease amendmen fallow for the
proposed renaming of the Boys & Girls Clubs facility located at 1430 "D" Avenue, and the associated
signage. The prior staff report, which is attached, contains the background for this item. Staff has
worked with the Boys & Girls Club on the First Amendment to the Lease, which also includes a
conceptual rendering of the new signage. The proposed First Amendment to the Lease is attached for
the City Council's approval.
FINANCIAL STATEMENT: N/A
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt proposed resolution.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
.taff Report dated April 16, 2013
roposed resolution
First Amendment to Lease
Request by the Boys & Girls Club of Greater San Diego to Re -Name the
National City Branch in Recognition of a Prospective Donor Willing to
Contribute $1 Million to the National City Branch
The Boys & Girls Club of Greater San Diego has identified a prospective donor willing to
contribute $1,000,000 to the National City Branch of the Boys & Girls Clubs. In
recognition of this contribution, on behalf of the Boys & Girls Clubs of Greater San
Diego, Mr. Danny Sherlock, President & CEO is requesting the National City Branch be
re -named in honor of this donor.
Background
Over the years, the City Council has initiated and received requests to name new and
existing City facilities in honor of individuals who have made significant contributions to
the community. Although National City has no formal policy for naming public facilities
and sites in honor of persons, there are precedents.
• Kimball Park is named for a City founder;
• Morgan Towers, the George H. Waters Nutrition Center and the Camacho
Gymnasium were all named for former Mayors and/or Councilmembers;
• The Martin Luther King, Jr. Community Center was named for a national civil
rights leader;
• Robles Field was dedicated in memory of Junior Robles who died tragically in a
plane crash;
• The Kimball Park score shack on the major's field was dedicated in 1975 in
memory of Ray Hernandez, the father of Benito Hernandez;
• More recently, the Portillo Recreation Center was named in honor of Manuel
Portillo who dedicated many years of service to the recreation center.
The request by the Boys and Girls Club currently before the City Council differs from the
examples cited above for the following reasons:
• Although the land and building is owned by the City of National City, the Boys &
Girls Clubs of Greater San Diego maintains a 20-year lease through August 16,
2031.
• The National City Boys & Girls Club originally constructed and maintained the
building and improvements on the City parkland for many years with private
funds raised from the community by the Boys' and Girls' Clubs.
• The Boys & Girls Clubs of San Diego is a California non-profit corporation.
The current lease with the Boys & Girls Club is silent on naming rights associated with
the National City Branch. The City Attorney has reviewed the current lease and has
opined that any change in name to the local branch would require either an amendment
to the current lease or a separate naming rights agreement, and that any name
attached to the facility be limited to the life of the lease. In addition, to the extent
signage is sought to be attached to the exterior of the building, Section 18 of the lease
addresses signage and states as follows:
"Lessee agrees that no sign, advertisement, or notices shall be inscribed, painted or
axed on or to any part or portion of the outside of the Leased Premises except to be
of such type and color, size and style, and in such place as may be approved by Lessor.
Any additional signage or changes to existing signage alter the Commencement Date
will require Lessee to pay for and obtain all regulatory approvals (permits) for the
Leased Premises."
Accordingly, any change in the signage to the City -owned building requires City Council
approval.
The selling of naming rights to public facilities is a more recent mechanism developed
as a way to raise municipal revenue. It can be seen locally in public facilities, such as
sporting events or concerts that are operated for profit. For example, the City of San
Diego's sports arena has been recently renamed the Valley View Casino Center. Other
cities name their sports facilities after those who have paid for such naming rights.
While such facilities may be operated by a third party, the public entity retains the
naming rights to the facility.
In this instance, as stated earlier, the City does not have an adopted Council Policy, but
does have the historical practice of having named public facilities after individuals of
historical significance, locally or nationally.
Discussion:
This matter is before the City Council to seek their direction on whether to allow a name
change to the building, and if so, whether such name change can be reflected on the
signage of the building. Any such change will require appropriate legal documents to be
prepared and returned for approval by the Council.
FIRST AMENDMENT TO THE LEASE
BY AND BETWEEN
THE CITY OF NATIONAL CITY AND
THE BOYS & GIRLS CLUBS OF GREATER SAN DIEGO, INC.
This First Amendment to the Lease ("Amendment") is made and entered into this 6th day
of May, 2013, by and between the City of National City, a municipal corporation, hereinafter
designated as "Lessor", and the Boys & Girls Clubs of Greater San Diego, Inc., hereinafter
designated as "Lessee," collectively referred to as the "Parties."
RECITALS
A. The Parties entered into the Lease By and Between the City of National City and the
Boys & Girls Clubs of Greater San Diego, Inc. on August 16, 2011 ("Lease"). Pursuant
to this Lease, Lessee is leasing from Lessor certain real property, including a building and
other improvements, for the purpose of maintaining a clubhouse thereon, and for
promoting the physical, mental, and moral well-being of the boys and girls of the City of
National City, and for boys and girls in the inunediate vicinity thereof.
B. Lessee has identified a prospective donor (to wit: L. Robert Payne) willing to contribute
one -million dollars ($1,000,000) to the National City Branch of the Boys & Girls Clubs
of Greater San Diego, Inc. In recognition of this contribution, Lessee seeks to rename the
National City Branch the Bob Payne Family Branch, in honor of the donor, L. Robert
Payne.
C. The donor, L. Robert Payne, has long established ties to the City of National City. Mr.
Payne was born and raised in National City, attended school in National City, and
graduated from Sweetwater Union High School. Mr. Payne has achieved a high level of
accomplishment in the business community and has been a significant contributor to
philanthropic organizations. Mr. Payne specifically chose the National City Branch of the
Boys & Girls Clubs of Greater San Diego, Inc. as the beneficiary of his donation.
D. The Lease between the Parties requires at Paragraph Number 18 that any change to
existing signage be approved by Lessor. Lessee expects to change the current signage to
reflect the new name of the National City Branch of the Boys & Girls Clubs of Greater
San Diego, Inc. to Boys & Girls Clubs Bob Payne Family Branch. The Lease does not
currently address naming rights to the Leased Premises.
E. The Parties seek to enter this First Amendment to the Lease to allow for the name change
to the Leased Premises and to allow the exterior signage be changed to reflect the new
name, to wit: Boys & Girls Clubs Bob Payne Family Branch.
NOW, THEREFORE, the parties hereto agree to the following as the First Amendment to
the Lease:
1. Naming of Premises. The naming of the Leased Premises is subject to approval by the
City Council. The Parties agree that the Lessee may rename the Leased Premises the
"Boys & Girls Clubs Bob Payne Family Branch" for the duration of the lease between
1
2013 First Amendment to Lease
Between City of National City and
Boys and Girls Clubs of Greater San Diego
the Parties. Any further name change to the Leased Premises shall require approval
by the City Council. The Parties further agree that this Amendment constitutes the
Lessor's approval of the name change to the Leased Premises and to the exterior
signage consistent with the rendering attached as Exhibit A to this Amendment.
Lessee shall remain obligated to obtain any and all regulatory approvals that may be
required for the sign change (e.g. building and planning permits) and to comply with
all laws related to signage. Nothing in this Amendment modifies, changes, or affects
any Municipal Code or other law requirements related to signs or signage.
2. Each and every provision of the Lease entered into on August 16, 2011, shall remain
in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to Lease to be
executed by their duly authorized officers or representatives as of the day and year first above
written.
CITY OF NATIONAL CITY
By:
Ron Morrison, Mayor
APPROVED AS TO FORM:
Claudia G. Silva
City Attorney
2
THE BOYS & GIRLS CLUBS OF GREATER
SAN DIEGO, INC.
(Corporation — si a alure . o cor,orate officers)
B
y Sherlock
resident and CEO
By: // � -1 Tee Ness
Ness
Board Chairman
2013 First Amendment to Lease
Between City of National City and
Boys and Girls Clubs of Greater San Diego
1/4" thick laser cut black acrylic letters
Approximately 8" high letters.
Mounted to wall with double sided tape and silicon adhesive.
Proposed design
Window graphics over entry
doors in white cut vinyl.
EXHIBIT A
Current Si • n
BOYS &GIRLS CLUB i
Bob Payne Family Branch
Boys and Girls Club National City Sign Proposal.cdr
SIGN-A-RAMA
YOUR FULL SERVICE SIGN CENTER
This drawing is submitted for your review and
approval and is the exclusive property of Sign -
A -Rama. It may NOT be reproduced, copied,
exhibited, or utilized for any purpose, in part or
in whole, by any individual without written
consent of Sign -A -Rama. Copyright 2008.
SIGN-A-RAMA
1509 East Valley Pkwy. #B
Escondido, CA 92027
760-746-1132
FAX: 760-746-0361
Client:
Danny Sherlock
Addressdsherlock@sdyouth.org
04/26/13
Date:
RESOLUTION NO. 2013 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT
TO THE LEASE BY AND BETWEEN THE CITY OF NATIONAL CITY
AND THE BOYS & GIRLS CLUBS OF GREATER SAN DIEGO
APPROVING THE NEW NAME AND NEW EXTERIOR SIGNAGE
OF THE BUILDING LOCATED AT 1430 "D" AVENUE, TO
"BOYS & GIRLS CLUBS BOB PAYNE FAMILY BRANCH",
IN RECOGNITION OF THE DONATION TO
THE BOYS & GIRLS CLUB FROM L. ROBERT PAYNE
WHEREAS, on August 16, 2011, the City Council adopted Resolution No. 2011-
183, approving a Lease with the Boys & Girls Clubs of Greater San Diego, Inc. ("Boys & Girls
Club")
WHEREAS, pursuant to this Lease, Boys & Girls Club is leasing from the City
certain real property, including a building and other improvements, located at 1430 "D" Avenue,
for the purpose of maintaining a clubhouse thereon, and for promoting the physical, mental, and
moral well-being of the boys and girls of the City of National City, and for boys and girls in the
immediate vicinity; and
WHEREAS, the Boys & Girls Club has identified a prospective donor (to wit: L.
Robert Payne) willing to contribute one -million dollars ($1,000,000) to the National City Branch
of the Boys & Girls Clubs of Greater San Diego, Inc. In recognition of this contribution, Lessee
seeks to rename the National City Branch the Bob Payne Family Branch, in honor of the donor,
L. Robert Payne; and
WHEREAS, Paragraph Number 18 of the Lease requires that any change to the
existing signage be approved by the City. The Boys & Girls Club expects to change the current
signage to reflect the new name of the National City Branch of the Boys & Girls Clubs of Greater
San Diego, Inc., to Boys & Girls Clubs Bob Payne Family Branch. The Lease does not currently
address naming rights to the Leased Premises.
WHEREAS, the Parties seek to enter this First Amendment to the Lease to allow
for the name change to the Leased Premises and to allow the exterior signage be changed to
reflect the new name, to wit: Boys & Girls Clubs Bob Payne Family Branch.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute the First Amendment to the Lease by and
between the City of National City and the Boys & Girls Clubs of Greater San Diego approving
the new name and new exterior signage of the building located at 1430 "D" Avenue to "Boys &
Girls Clubs Bob Payne Family Branch", in recognition of the donation to the Boys & Girls Club
from L. Robert Payne.
--- Signature Page to Follow ---
Resolution No. 2013 —
Page two
PASSED and ADOPTED this 7th day of May, 2013.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia Gacitua Silva
City Attorney
CITY OF NATIONAL CITY
Office of the City Clerk
1243 National City Blvd., National City, California 91950
619-336-4228 phone / 619-336-4229 fax
Michael R. Dalla, CMC - City Clerk
May 14, 2013
Mr. Danny Sherlock
Boys & Girls Clubs of Greater San Diego
115 W. Woodward Avenue
Escondido, CA 92025
Dear Mr. Sherlock,
On May 7th, 2013, Resolution No. 2013-62 was passed and adopted by the City Council
of the City of National City, authorizing execution of Amendment #1 to the Lease with
Boys & Girls Clubs of Greater San Diego.
We are enclosing for your records a certified copy of the above Resolution and a fully
executed original Amendment.
Michael R. Dalla, CMC
City Clerk
Enclosures
cc: Office of the City Attorney