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HomeMy WebLinkAbout1995-075 , 1 RESOLUTION NO. 95-75 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 3 EXECUTION OF A FOURTH AMENDMENT TO USE LEASE AND AGREEMENT WITH J.G. GOLFING ENTERPRISES, INC., RELATING TO EXTENDING THE TERM OF 4 SAID LEASE AND REMOVING THE TERMINATION CLAUSE FROM A PORTION OF THE LEASE PROPERTY. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS: 7 SECTION 1: The Mayor is hereby authorized and directed to 8 execute on behalf of said city a Fourth Amendment to Use Lease and 9 Agreement with J. G. Golfing Enterprises, Inc., relating to 10 extending the term of said lease and removing the termination 11 clause from a portion of the lease property, which agreement is 12 attached hereto, marked Exhibit I and incorporated herein by 13 reference as fully as though set forth at length. 14 I HEREBY CERTIFY that the foregoing resolution was duly 15 adopted by the Mayor and Common Council of the city of San 16 Bernardino at a 17 day of March 18 COUNCIL MEMBERS: 19 NEGRETE 20 CURLIN 21 HERNANDEZ 22 OBERHELMAN 23 DEVLIN 24 POPE-LUDLAM 25 MILLER 26 27 28 regular meeting thereof, held on the 20th , 1995, by the following vote to wit: AYES NAYS ABSTAIN ABSENT x x x x x x -- x ~el~ity Clerk - 1J';v5 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FOURTH AMENDMENT TO USE LEASE AND AGREEMENT WITH J.G. GOLFING ENTERPRISES, INC., RELATING TO EXTENDING THE TERM OF SAID LEASE AND REMOVING THE TERMINATION CLAUSE FROM A PORTION OF THE LEASE PROPERTY. 2 3 The foregoing resolution is hereby approved this .;/,;) f1J1. 4 day of March , 1995. 5 6 ~ ,- ~~-~ / Tom Minor, Mayor city of San Bernardino 7 8 9 APPROVED AS TO FORM 10 AND LEGAL CONTENT: 11 JAMES F. PENMAN 12 city Attorney 13 . fr-Z-;t. h 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 95,'15 [)f~10~(rJAL-- '. 1 2 3 FOURTH AMENDMENT TO LEASE THIS FOURTH AMENDMENT TO LEASE is made and entered into this ~\..; day Ofrv\ ~'ll,.k, 1995, by and between the CITY OF SAN 4 BERNARDINO, a municipal corporation, hereinafter called "Lessor", 5 and J. G. GOLFING ENTERPRISES, INC., dba San Bernardino Golf 6 Course, as assignees under a certain lease as hereinafter set 7 forth, hereinafter called "Lessee". 8 WITNESSETH: 9 WHEREAS, the city of San Bernardino did lease certain property 10 by lease dated March 9, 1966 to Harvey Head and Associates for golf 11 course purposes; and 12 WHEREAS, on or about April 20, 1991 said lease was further 13 assigned by W. E. Leonard and Barbara R. Leonard, husband and wife, 14 to J. G. Golfing Enterprises, Inc., dba San Bernardino Golf Course; 15 and 16 WHEREAS, it is now desired to amend, modify and extend the 17 term of said lease so that said lease will expire March 1, 2037; 18 and 19 WHEREAS, it is desired to remove the termination clause from 20 a portion of the lease property to allow Lessee to proceed 21 unhindered with expansion plans such that said expansion will not 22 be detrimental to the needs of the Lessor. 23 NOW, THEREFORE, in consideration of the mutual promises, 24 provisions, covenants and conditions, it is agreed as follows: 25 1. section II paragraph 2 of said lease is hereby amended 26 to read as follows: 27 "2. Term 28 The term of this lease shall commence on the 19th day of May, - 1 - /1h~ 1~ / (,.' ,./ y FOURTH AMENDMENT TO LEASE BETWEEN CITY OF SAN BERNARDINO AND J. G. GOLFING ENTERPRISE, INC. 1 1966 and shall terminate 70 years, 9 months, 9 days thereafter on 2 March 1, 2037. 3 The city may, by giving Lessees eighteen (18) months advance 4 notice in writing, terminate this lease, or at its option, occupy 5 and use any portion of the leased premises without terminating the 6 lease or incurring any liability or obligation to Lessees, in the 7 event and at its sole discretion the premises or any portion 8 thereof is needed for municipal or public use; excepting that 9 portion of the leased premises described as "holes 12, 17 and 10 portions of holes 13 and 16", as shown on Exhibit A and further 11 described in Exhibit B, both attached hereto, so long as leased 12 premises are used as a golf course. 13 3 . All other covenants, conditions, terms and provisions of 14 said prior lease and amendments thereto shall remain the same and 15 remain in full force and effect. 16 IN WITNESS WHEREOF the parties have hereto executed this 17 Fourth Amendment to Lease on the date first hereinabove written. 18 ATTEST: CITY OF SAN BERNARDINO 19 20 Ci~~ ~};:;y( }li! d1 ()~ Tom Minor, Mayor 21 22 J. G. GOLF ASSOCIATION :J, c;... ~o""i=' INt{- r:~e,R..fp.lJ'cS,:D./c.. ~n~fJAM 23 24 25 Approved as to form: 26 27 - 2 - 28