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HomeMy WebLinkAbout1991-004 '. 1 2 3 4 5 6 7 8 9/- Lj RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO LEASE WITH THE UNITED STATES OF AMERICA (ARMY RESERVE) PERTAINING TO A MODIFICATION OF THE LEGAL DESCRIPTION IN THE LEASE OF CITY OWNED PROPERTY SITUATED AT 296 E. THIRD STREET, IN THE CITY OF SAN BERNARDINO. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City, a Second 9 Amendment to Lease with the United States of America (Army Reserve) 10 pertaining to a modification of the legal description in the Lease of City 11 owned property located at 296 East Third Street, a copy of which is attached 12 hereto, marked Exhibit "A" and incorporated herein by reference as fully as 13 though set forth at length. 14 SECTION 2. The authorization to execute the above-referenced 15 Amendment to Lease is rescinded if the parties to the Amendment to Lease 16 fail to execute it within one hundred twenty (120) days of the passage of 17 this resolution. 18 / / 19 / / 20 / / 21 / / 22 / / 23 / / 24 / / 25 / / 26 / / 27 / / 28 / / 12/12/90 1 , 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 12/12/90 RESOLUTIO~ AL~HORIZING EXECUTION OF SECOND AMENDMENT TO LEASE I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof . 1911. by the held on the following vote. to-wit: COUNCIL MEMBERS: AYES NAYS ESTRADA V REILLY V FLORES V-- MAUDSLEY v--- MINOR V- POPE-LUDLAM ~ MILLER V-- " , Ci{;~l~:~' ( /)( _ ,~-- 1. . i\....< --, I ,/ The foregoing resolution is hereby approved this aL.4U/~_ . 1990. /" / Approved as to form and legal content: James F. Penman City j1torney , (f~Z)~ W. R. Hole b. yor City of San Bernardino 2 /~ day of ABSTAIN ~*l day of " / /-:7 '. . 04/10/90 . :/ ,. . 1 2 3 4 5 6 7 8 SECOND AMENDMENT TO LEASE THIS SECOND AMENDMENT TO LEASE is made and entered into this ~ day of ~iY\M.<"~ ' 1991, by and between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as "Lessor", and THE UNITED STATES OF AMERICA, hereinafter referred to as "Lessee". WIT N E SSE T H WHEREAS, the parties hereto executed a lease dated February 16, 9 1952 for the use of certain City owned pr~mises for an ftrmy Reserves 10 Headquarters; and 11 WHEREAS, the parties hereto executed a First Amendment to Lease 12 dated April I, 1959, modifying the description of the real property as 13 contained therein; and 14 WHEREAS, the parties hereto desire to amend said lease to further 15 modify the description of the real property as contained therein, f' 16 NOW, THEREFORE, it is mutually agreed between the parties as 17 follows: 18 Section One of that modified lease between the parties 1. 19 hereto dated April I, 1959, is hereby amended to read as follows: 20 SECTION ONE: That the City of San Bernardino enter into and 21 execute a lease with the United States of America (Army Reserve) for the 22 following described property: 23 That portion of Lots 10 to 16, inclusive, South of the South bank of Warm Creek, and Lots 19 to 27, inclusive, 24 all in Block "D", Wozencraft Place, in the City of San Bernardino, California, excepting therefrom the East 25 7.75 feet thereof. 26 upon the terms and conditions set forth in said Lease, and the Mayor of said 27 City is hereby authorized to execute said lease on behalf ot the City ot San 28 Bernardino. . .", . . .' . , 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 04/10/90 SECOND ~~NDMENT TO THE UNITED STATES . OF AMERICA (ARMY RESERvE) . LEASE 2. All other terms, conditions and covenants of said lease shall remain the same and be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Lease on the date first hereinabove written. CITY OF SAN BERN~9'.9" ~~ W. // / ATTEST: Y(~ ~~ City Clerk . THE UNITED STATES OF AMERICA By'-~ ~ Robert W. Colangelo Acting Chief, Real Estate Division Approved as to form and legal content James F. Penman City Attorney BY~_2_~~_ 2