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Home My WebLink About1999-126 I', . , 1 2 RESOLUTION NO. 1999-126 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 3 EXECUTION OF A FIRST AMENDMENT TOA LEASE WITH CALIFORNIA GOLF HOLDINGS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, RELATING 4 TO CERTAIN PROPERTY LOCATED 290.00 FEET NORTH OF THE NORTHWEST 5 CORNER OF HIGHLAND AVENUE AND ORANGE STREET. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and 9 directed to execute on behalf of said City, a First Amendment to a Lease Agreement with 10 California Golf Holdings, LLC, A California Limited Liability Company, relating to certain 11 real property located 290 feet North of the Northwest corner of HigWand Avenue and Orange 12 Street. Said First Amendment is to correct an error in the legal description. A copy of said 13 14 First Amendment is attached as Exhibit "A" and made a part hereof. 15 SECTION 2. The authorization to execute the above referenced agreement is 16 rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage 17 of this resolution. 18 /1/ 19 20 /1/ 21 //1 22 /1/ 23 /1/ 24 /1/ 25 26 //1 27 /1/ 28 //1 OS/26/99 . 1999-126 . ' FIRST AMENDMENT TO LEASE DATED MARCH I, 1999 BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA GOLF HOLDINGS. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 straight line parallel with the centerline of said Highland A venue, to the Westerly line of Orange Street; thence North a distance of 126.34 feet more or less along the Westerly line of Orange Street to the northerly line of said City of San Bernardino Land; thence West a distance of 153.05 feet more or less along the northerly line of said City of San Bernardino Land; thence Southwest a distance of 68.21 feet to the westerly line of said City of San Bernardino Land; thence South, a distance of 121.24 feet more or less along the westerly line of said City of San Bernardino Land to the True Point of Beginning. Said property is shown on the attached Exhibit "A". " SECTION 2. Except as amended by this First Amendment, the provisions of the Lease are hereby ratified and affirmed. 1// /1/ /1/ 1// 1// 1// 1// 1// 1// /1/ 1// /1/ 1// /1/ 2 . ., - . 1999-126 RESOLUTION AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO A LEASE BETWEEN 1 THE CITY OF SAN BERNARDINO AND CALIFORNIA GOLF HOLDINGS, LLC. 2 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a joint regular 5 6 7 wit: 8 9 10 11 12 13 14 15 16 17 meeting thereof held on the 7th day of June , 19~, by the following vote, to Council Members: AYES NAYES ABSTAIN ABSENT ESTRADA x x LIEN x MCGINNIS SCHNETZ x x DEVLIN ANDERSON x MILLER x C~ /<J. CLa~ 19 20 The foregoing resolution is hereby approved this tJ Ix- day of 1999 21 22 23 24 Approved as to form and legal content: 25 JAMES F. PENMAN 26 City Attorney 27 28 18 Jlinp o 05/1 9/99 2 PLEASE COMPLETE ll';S INFORMATION . RECORDING REQUESlEO BY: Recorded in Official Records, County of San Bernardino, Larry Walker, Recorder CITY OF SAN BERNARDINO 300 NORTH D STREET SAN BERNARDINO . CA. 92418 ATTN: CITY CLERK Doc No. 19990263353 3:24pm 06/21/99 Cnica;o iitle ~ ~ o~1 FI~!';"llr:i\ 'fi'q t t.!I!~"MUU III ~I!.. AND WHEN RECORDED MAIL TO: 1,2:..; :<;'S:;)c<-f!...' 7 DA CHRG EXAM -' SPACE ABOVE FOR RECORDER'S USE ONLY FIRST AMENDEMENT TO LEASE Title of Document ~. THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) (Rev.o4I01/97):ker (s:\reeltormslpi\supplpg) " 19~9-126' .... " iF' ... /,' ,/ ,>,,~. ( 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FIRST AMENDMENT TO LEASE (CALIFORNIA GOLF HOLDINGS) THIS FIRST AMENDMENT TO LEASE ("First Amendment") between, the CITY OF SAN BERNARDINO, A MUNICIPAL CORPORATION ("Lessor") and CALIFORNIA GOLF HOLDINGS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ("Lessee") is dated as of this 7t-h day of .Tune ,1999. RECITALS A. Lessor and Lessee have entered into that certain Lease Agreement dated March 1, 1999. l':\;('omED MRRC.l-l '2'5, 1l1CjQ J:No;T. ~ 12Y02~ B. Lessor and Lessee now wish to amend the Lease pursuant to this First Amendment. NOW THEREFORE, the Lease is hereby amended as follows: SECTION 1. Section 1 of the Lease is hereby amended to correct an error in the legal description, and to read as follows: "1. Property Leased. Lessor hereby leases to Lessee, and the Lessee hereby leases from Lessor, a vacant property located in the City of San Bernardino, County of San Bernardino, State of California, described as follows: That portion of the Southwest one-quarter of the southeast one-quarter of Section 29, Township 1 North, Range 3 West, San Bernardino Meridian, described as follows: Commencing on the southerly line of said Section 29 said point being also on the centerline of HigWand Avenue and the southwest corner of the land described in Quitclaim Deed to the City of San Bernardino as per document in Book 7065, Page 990 recorded July 25, 1968, Official Records of San Bernardino County; thence leaving the southerly line of Section 29 and the centerline of said Highland Avenue Northwest a distance of334.26 feet along the Westerly line of said City of San Bernardino land to the True Point of Beginning; thence Easterly leaving the westerly line of said City of San Bernardino Land, a distance 214.15 feet more or less along a " 1'}99-1;!6. . FIRST AMENDMENT TO LEASE DATED MARCH 1, 1999 BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA GOLF HOLDINGS. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . IN WITNESS WHEREOF, the parties have executed this First Amendment to the Lease on the day and year set forth at the beginning of this First Amendment. Approved as to form and legal content James F. Penman, ~}~ CITY OF SAN BERNARDINO <-,~ ~ ATTEST: BY~ }J.~ RAC EL CLARK, City Clerk CALIFORNIA GOLF HOLDINGS, LLC By: ~ (Q.a"~"'4 ~b1. / By: //7C/1l45 C;::;"tIC'ff5: 3 ~~-~~ ~:,;:';7' ;,," .,'. '1 " __,,; i'f' ',1 ".-:...::" ';7' jf.,' "';" ~-. -',' -'.' ';. ',' r" ::" .,c.". :' ".-. -: "-':- .y. ~: :-. < ~!_~-~ Ifi. - \'io!f' d,. ~~"i ,'il :"i ~'I "f;j ""'; liP' 'PI; ',vnf,(~ :So 'I!o~ CALIFORNIA ...;., .....111:.. ," . ..... ",,', ,., -," "', :};: .:; .'.., .~ ,',. ",:, --: . . .. ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF San Bernardino On 6/10/1999 DATE before me, Eileen Gomez, Notary Public NAME, TITLE OF OFFICER - E.G.. "JANE DOE, NOTARY PUBLIC' :TuJjlA J41/~5 personally appeared, personally known to me (or prt~"'oa to I'tle sn tt><- h"'iiis of satitfaetery 9via9Ree) to be the personW whose name~ is/are subscribed to the within instrument and acknowledged to me thatpe/she/ tb9Y executed the same in I)i6Iher/!J;leir authorized capacity(~), and that by ~/her/1!J.eif signature~ on the instrument the person~, orthe entity upon behalf of which the person(.s1'acted, executed the instrument. WITNESS my ha Eileen C. Gomez ~ Comm. '1145063 " AAY PUBLIC. CAllFOANIA()" SAN BERNARDINO COUNl'l' Comm. Exp. July 2. 2001 ..t. (SEAL) NOTARY PUBLIC SIGNAT E e'..':. h '. .' _,' ,J 'c. " .... :.; .'" '!J..- _ ',' __ '\ ;. ~:~" .-~. OPTIONAL INFORMATION Resolution 1999-126 - Resolution authorizing a 1st TITLE OR TYPE OF DOCUMENT Amendment. to lease with California Golf Holdings" DATE OF DOCUMENT Adopted by M&CC 06/07/1999 3 NUMBER OF PAGES SIGNER(S) OTHER THAN NAMED ABOVE I I I I ~; ~L-_ 20' i \ i \.~\ \ \ \ \ \ I I I I : I . I I . I I I I PROPOSED GOLF CART PATH I I I I I I I I I I : I I t) , I I -f - I I r I I -I{i, I ~: I .' 1 . 1 I I I I [I: " I I I I I I I . {, I AREA LEASED 29,000 SQ. FT. +/- L ,.,':'" ~ r I , j' : I,i :1 : :' : 1 11 , , i I: : I: I : I ; I!! ~ : I( C'4 :'1;: .f 'I" ...... I :1 '-J II.; r--j II ;' "Ii I, , I I: , , :,' ! , , , I ~ ! I, -------:--../ / ,', - - , VACAJ'IT LOT I I '. ! i~1 JOJ ~I I I I !t- "4" 1:::;' _4 O. v _ J I I HIGHLAND AVENUE EXHIBIT "A" I I ~ W 0::: ~ (f) w '-' z <( er:: o SCALE: 1" = ioo'