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HomeMy WebLinkAbout1990-162 . . ~ 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 RESOLUTION NO. 90-162 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO LEASE WITH THE UNITED STATES 3 OF AMERICA (ARMY RESERVE) PERTAINING TO A MODIFICATION OF THE LEGAL DESCRIPTION IN THE LEASE OF CITY OWNED PROPERTY SITUATED AT 4 296 E. THIRD STREET, IN THE CITY OF SAN BERNARDINO. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is 7 8 9 hereby authorized and directed to execute on behalf of said City, 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 located at 296 East Third Street, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization to execute the above- referenced Amendment to Lease is rescinded if the parties to the Amendment to Lease fail to execute it within one hundred twenty (120) days of the passage of this resolution. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a reaular meeting thereof, held on the 7th day of ~y / / / / / / / / / / / / / / / 1990, by the following vote, to wit: / / / JFP:br[Army.Res] May 1, 1990 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 2,6 27 28 RESOLUTION: AUTHORIZING EXECUTION OF SECOND AMENDMENT TO LEASE Council Members: AYES NAYS ABSTAIN ESTRADA x REILLY y FLORES y MAUDSLEY x MINOR x POPE-LUDLAM MILLER x ~.4#d/~-0 , City Clerk of The foregoing resolution is hereby approved this May , 1990. Approved as to form and legal content: JAMES F. PENMAN, City Attorney /) /.-/ . '-~ JFP:br[Army.Res] May 1, 1990 2 .' ~ 1 2 3 SECOND AMENDMENT TO LEASE THIS SECOND AMENDMENT TO LEASE is made and entered into this day of , 1990, by and between the CITY OF SAN 4 BERNARDINO, a municipal corporation, hereinafter referred to as "Lessor", 5 and THE UNITED STATES OF AMERICA, hereinafter referred to as "Lessee". 6 7 8 WIT N E SSE T H WHEREAS, the parties hereto executed a lease dated February 18, 9 1952 for the use of certain City owned premises for an Army 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, 16 NOW, THEREFORE, it is mutually agreed between the parties as 17 follows: 18 1. Section One of that modified lease between the parties 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 18, 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 of the City of San 28 Bernardino. 04/10/90 EXHIBIT "A" . 0' 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 ut.l..UNlJ A11..t.NUl"l1:.N1 lU 1n.t. uj'U.!l:.U 011\J.L0 VI: r\.fLLJ'l..1l..t\ ,1"UUH .KLuA.:..1H.G) L.L:.r\uL . 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 BERNARDINO By: W. R. Holcomb, Mayor ATTEST: City Clerk THE UNITED STATES OF AMERICA By: Approved as to form and legal content James F. Penman City Attorney By: 2