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Home My WebLink About46-Public Works CITY OF SAN BEIb.ARDINO~REQUEST .-:OR C~~~~I~'~~;ION From: ROGER G. HARDGRAVE, Director Subject: First Amendment to Lease: The Uni ted States of America (Navy Reserve), modification of the legal description in the lease of City owned property: South- West corner of Waterman Avenue and 4th St Dept: Public Works/Engineering Date: Apri I 12, 1990 Synopsis of Previous Council action: 06/04/68 Lease executed between City of San Bernardino and the United States of America (Navy Reserve), for that certain real property located at the Southwest corner of Waterman Avenue and 4th Street, for a term of one (1) year with annual renewals until June 3D, 1997. ;J;j r,., r. ...,-,. --) f:'," --... , :;,. 0" Recommended motion: r--:, i,,~ ..:~) <:';, 1. Adopt Resolution . . c...) " ., cc: Marshall Julian. City Administrator Jim Richardson, Deputy City Administrator/Development James Penman, City Attorney ~ Anne DeBolt 5328 Contact person: Phone: Staff Report, Resolution, Map, 1 Supporting data attached: Ward: None FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) IAcct. DescriPtion) Finance: Council Notes: 04/12/90 Aoenda Item No. 4~ . , CITY' OF SAN BERf...._~RDINO - REQUEST ~ ~R COUNCIL ACTION STAFF REPORT The west side of Waterman Avenue, between Third Street and Fourth Street, will be widened in order to allow three southbound traffic lanes. This widening will be done by the Federal-Aid Urban Project to rehabilitate the pavement between Mill Street and Fifth Street. The west right-of-way line for Waterman Avenue is lo- cated at 41. 25 feet from the centerline. Additional right-of- way in the amount of 7.75 feet will be required to contain the widened street. In 1968, the City property, on the southwest corner of Waterman Avenue and Fourth Street, was leased to the United States of America for use as a Naval Reserve facility. It will be necessary to revise the legal description of the leased property to exclude the 7.75 feet additional dedication. The First Amendment to Lease modifies the legal description of the leased property to exclude the additional dedication. This amendment has been discussed with the Commanding Officer, who offered no objection. The only request was that the City try to restore some parking spaces in front of their building. This will not present a problem. A copy of the letter from M. M. Brideau, dated 3-17-90, is attached for reference. We recommend that the First Amendment to Lease be approved. 4-12-90 75.0264 ~q;-~~;~ 5::-.:;:::.:..'......::- "'.'w. - J~'~'~ ~r '. '.. ' ~:... ^ ~ ~ ',~ n .~ ~ o " '" :;; .0 '" .i: C> '" " '" @ -.1 ;:De: " 0 <'>.- " . I' " . ...,," ~ ~ ~ 31 ~ a-~ .. ~ ; ~ -0)- ".. 1~ ... 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ThIS le:tep is beIng w~ltten as you requested to confIrm the fact that you visIted the Nav~l and Uarlne Corp8 Reserve Centel:~ to ma.ke us i:l.'1\;,3.r'~ ~,'" :h2 v'v'lderllr;~ c! Wat,:?:p~nan Ave In front )t ~~e re3e~ve ~~nter I am aware th~t the legal de8cript10~ ~fi the :ease wIll cha11ge and if possIble the CIty wi:: trv to restore scme parkIng spaces In :ront of the buildIng. 21nc:ep2':y. --rv;. 'f/Y) , &,,-'d.z a<< I'lL :,~. Brlde-=:.'_ :"le1...lten.:int. C.::'nui:l3.;-"idel;. "J;:;l'JR C0mmand:ng OffIcer . 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO LEASE WITH THE UNITED STATES 3 OF AMERICA (NAVY RESERVE) PERTAINING TO A MODIFICATION OF THE LEGAL DESCRIPTION IN THE LEASE OF CITY OWNED PROPERTY SITUATED AT 4 THE SOUTHWEST CORNER OF WATERMAN AVENUE AND 4TH STREET, IN THE CITY OF SAN BERNARDINO. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The Mayor of the City of San Bernardino is 8 hereby authorized and directed to execute on behalf of said City, 9 a First Amendment to Lease with the United States of America 10 (Navy Reserve) pertaining to a modification of the legal 11 description in the Lease of City owned property located at the 12 Southwest corner of Waterman Avenue and 4th Street, a copy of 13 which is attached hereto, marked Exhibit "A" and incorporated 14 herein by reference as fully as though set forth at length. 15 SECTION 2. The authorization to execute the above- 16 referenced Amendment to Lease is rescinded if the parties to the 17 Amendment to Lease fail to execute it within one hundred twenty 18 (120) days of the passage of this resolution. 19 I HEREBY CERTIFY that the foregoing resolution was duly 20 adopted by the Mayor and Common Council of the City of San 21 Bernardino at a meeting thereof, held on the 22 day of , 1990, by the following vote, to wit: 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 JFP:br[Navy.Res] May 1, 1990 1 1 RESOLUTION: AUTHORIZING EXECUTION OF FIRST AMENDMENT TO LEASE 2 3 Council Members: AYES NAYS ABSTAIN 4 ESTRADA 5 REILLY 6 FLORES 7 MAUDSLEY 8 MINOR 9 POPE-LUDLAM 10 MILLER 11 12 13 14 15 City Clerk The foregoing resolution is hereby approved this day of , 1990. W. R. HOLCOMB, Mayor 16 City of San Bernardino 17 Approved as to form and legal content: 18 19 20 21 22 23 24 25 26 27 28 JAMES F. PENMAN, City Attorney By: (k~/.:) 7- f~ o JFP:br[Navy.Res] May 1, 1990 2 1 2 3 FIRST AMENDMENT TO LEASE THIS FIRST 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 TIlE 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 July I, 1968, 9 for the use of certain City owned premises for a Navy Reserves 10 Headquarters; and 11 WHEREAS, the parties hereto desire to amend said lease to modify 12 the description of the real property as contained therein, 13 NOW, THEREFORE, it is mutually agreed between the parties as 14 follows: 15 16 17 18 19 20 21 22 23 1. Section 2 of that lease between the parties hereto dated June 4, 1968, is hereby amended to read as follows: SECTION 2. Description of Leased Premises: All that property located at the Southwest corner of Fourth Street and Waterman Avenue, San Bernardino, California, described as follows: Lots 7 through 30, inclusive, and the North one-half of Court Street (vacated) adjoining Lots 19 through 30, inclusive. Block C, in Wozencraft Place Subdivision, City and County of San Bernardino, California, excepting therefrom the East 7.75 feet thereof. / / 24 / / 25 // 26 / / 27 / / 28 / / 04/12/90 EXHIBIT "A" 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 04/12/90 FIRST AMENDMENT TO THE UNITED STATES OF AMERICA (NAVY 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 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 2