REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
June 9, 2026
FROM
BEAHTA R. DAVIS, Director, Regional Parks Department
SUBJECT
Title
Amendment to Revenue Lease Agreement with Jessica Rios DBA Silver Rush Burger DBA The Philly Burger at Calico Ghost Town Regional Park for Operation of Silver Rush Burger
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RECOMMENDATION(S)
Recommendation
Approve Amendment No. 1 to Revenue Lease Agreement No. 24-235 with Jessica Rios DBA Silver Rush Burger DBA The Philly Burger, to revise the grace period for lease payments from three months to nine months, beginning September 27, 2025 through June 27, 2026, at Calico Ghost Town Regional Park, in which the County will receive lease fees based on the original lease agreement terms (Four votes required).
(Presenter: Beahta R. Davis, Director, 387-2340)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). There is no cost associated with Amendment No. 1 (Amendment) to Revenue Lease Agreement No. 24-235 (Lease), which is to reflect a change of the payment start date.
BACKGROUND INFORMATION
On March 12, 2024 (Item No. 43), the Board of Supervisors (Board) approved Revenue Lease Agreement No. 24-235 with Silver Rush Burger DBA The Philly Burger (Concessionaire) to lease Building No. 25 and operate the Silver Rush Burger concession at Calico Ghost Town Regional Park, in which the County would receive lease fees of no less than $34,800 for the initial three-year term of March 13, 2024 through March 12, 2027, with two three-year extension options. The Lease Agreement included a three-month grace period for Lease payments from the date of operational opening. This was originally anticipated to be August 1, 2024, which would have made the first payment due for November 2024.
However, due to delays in receiving parts and building materials triggering halts in work, the County improvements took longer than expected and were not completed until April 15, 2025. Environmental Health and Safety (EHS) provided inspections and corrections were identified requiring further work to be completed and final approval from EHS was not completed until September 27, 2025. Following EHS approval on September 27, 2025 the concession became operational. Due to these delays, an extension has been provided to the Concessionaire to account for the loss of operational time and revenue resulting from circumstances beyond the Concessionaire’s control.
This Amendment will change the Lease Agreement to provide Jessica Rios, who is doing business as The Philly Burger, an initial first payment start date extension of nine months instead of three months as originally specified. The nine-month payment grace period began on September 27, 2025, and ends June 27, 2026, and Regional Parks should begin receiving payment for the month of July forward based on the terms in Agreement No. 24-235. This is being brought to the Board for approval now after negotiations with the Concessionaire.
Government Code section 25536 allows the Board, by a four-fifths vote, to lease County-owned property devoted to or held for ultimate use for park, fairground, amusement or recreation purposes.
PROCUREMENT
N/A
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Suzanne Bryant, Deputy County Counsel, 387-5455) on April 1, 2026; and County Finance and Administration (Elias Duenas, Administrative Analyst, 387-4052) on April 2, 2026.