HomeMy WebLinkAbout1990-483
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1 RESOLUTION NO. ---9.0",AJLL_
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF A FIRST AMENDMENT TO LEASE WITH JOHN E. SMITH AND BESSIE LEORA SHITH,
3 LESSORS, PERTAINING TO A MODIFICATION OF THE TERM AND RENTAL PAYMENTS IN A
LEASE OF PROPERTY TO THE CITY, AND SITUATED AT THE SOUTHEAST CORNER OF 71ESA
4 STREET AND SAN ANSELMO DRIVE, IN SAN llERNAROINO.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
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SECTION
1.
The ~Iayor of the City of San Bernardino is
hereby
authorized and directed to execute on behalf of said City, a First
9 Amendment to Lease with John E. Smith and Bessie Leora Smith, pertaining to
10 a modification of the term and rental payments in the lease of the Smith's
11 p,'operty to the City of San Bernardino, located at the Southeast corner of
12 Mesa Street and San Anselmo Drive, a copy of which IS attached hereto,
13 marked Exhibit "A" and incorporated herein by reference as fully as though
14 set forth at length.
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SECTION
2.
The authorization to execute the above-r'eferenced
16 Amendment to Lease is rescinded it the parties to the Amendment to Lease
17 fail to execute it within sixty (60) days of the passage of this resolution.
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11/08/90 1
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11/08/90
p'~S(}T-,l'T~1.:\ AL":iOPIZ,T\(; L\~CVT'TD\ Oc.' r::QST A"!E\'D\1T;;"T TC TJEASE:
Tlf.:;OIj"H}:M;T I :,'NEH ':>F ~LS~ STkEFT ,In SAf: A\,')!,':O DR!,j};
I'TOT
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1 ] HEkEBY ORT[]'\ that th.. foregoing ne:ooluhon Wd~ duly adopted by
2 1 he Mctyor awl Common t"ounci 1 ()f "\:l'lP l:j t:v 'If San Bernardino at (l n
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adjourned IUPpting ihereo{ held ,on the .1Dth___ ddY
.. regular
_m___l2e_cemhe.r__.___, 19..9.0. by tl", to I lowing vlli:" , to-wit:
uf
caUNC lL ME~IBERS:
-_._~_.~_._-- -_.~--
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
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REILLY
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FLORES
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MAUDSLEj
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MINOR
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POPE-LUDLAM
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MILLER
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crt~
The foregoing resolution is hereby approved this
13th
day of
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, 19.2..~.
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w~-~~co b~-~a~or------7-~--
City of San' Bernardino
Approved as to form
and legal content:
James F. Penman
City Attorney
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"'{1-_L1--. .
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FIRST MlEND~IENT TO LEASE
TillS FIRST ANENDMENT TO LEASE is made and entered into this aie-11.
day of ______________C~inJ~'-'~"'_ _, 1990, by and between the CITY OF SAN
BERNARDINO, a municipal corporation, hereinafter referred to as "Lessee" dnd
JOHN E. SMITH and BESSIE LEORA SMITH, hereinafter referred to as "Lessor",
W ] T N E SSE T H
WHEREAS, the parties hereto executed a lease dated November 14,
1980, for the use of that certain property fronting on Mesa Street and San
Anselmo Avenue ill Sail Bernardino for a park for the benefit and use of the
citizens of said City, and
WHEREAS, the parties hereto desire to amend said lease to modify
the term and rental payments as contained therein,
NOW, THEREFORE, it is mutually agreed between the parties as
follows:
1, Section 2 and Section 3 of that lease between the parties
hereto dated November 14, 1980, are hereby amended to read as follows:
SECTION
2. TERN: The term of this Lease shall be for a
period of ten (10) years, beginning October' 1, 1990, and ending September
3D, 2000,
SECTION
3. RENTA~AY~flT~: Lessee agrees to pay, and
Lessor agrees to accept as rental lor said property, a yearly payment of
Nine Hundred dollars ($900.00) for the term beginning October J, 199U and
ending September 30, 1995; and a yedrly payment of One Thousand Two Hundred
Dollars ($1,200.00) for the term beginning october 1, 1995 and ending
S<eptember 30, 2000,
The said payments shall, through the Director of
Finance, be paid in advance in the month of October of each year, and made
payable to the Lessor at the address hereinafter set forth throughout the
tprm of this Leasp.
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11/08/90
'," r;,<;; ,\'If\D'Ip;., TO "TU~' 'j)T" tEASE (JUH~ Eo ,I, BESSIE LEORA S,'ITTH - LESSORS)
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2, All other terms, conditions and covenants
of said
lease
sha 11 remain the same and be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second
5 Amendment to Lease on the date first hereinabove written.
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CITY OF SAN BERNARDINO /'
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~Y'~~R~~l ~mb~~a~~-~~---~------
ATTEST:
il~!v-~_~0~_____
Cit7elerk rf
dt ,0 ...J
(l.6lul1.L_416Z1~____________
Jol{fi E. Smith
j _ " ~ r" ' ~,
_J;2'!"_L_.c.C-~.4~~~___~G:~=l..:;.-:~:.:-~_L--.L-"-r 1~~L.r 11-"
Bessie Leora Smith
19150 West lawn
Hesperia, CA 92345
(619) 947-6377
Approved as to form
and legal content
James F, Penman
City Attorney
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BY:_~{~_~__~~_________
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