HomeMy WebLinkAbout16-Parks & Recreation
CITY OF SAN BERN.DINO - REQUEST F. COUNCIL ACTION
From: Annie F. Ramos, Director
Subject: RESOLUTION APPROVING THE ASSIGNMENT OF THE
LEASE OF FISCALINI FIELD FROM DON NOMURA
TO ELMORE SPORTS GROUP LTD., SUBJECT TO
THE REVIEW AND APPROVAL OF THE FINAL
ASSIGNMENT DOCUMENT.
Dept: Parks, Recreation & Community Services
Date: January 7, 1992
Synopsis of Previous Council action:
December 7, 1992 - Council adopted Resolution 92-463, entering into a one-year
lease agreement with Don Nomura for Fiscalini Field.
Recommended motion:
Adopt the Resolution.
_aA~ ]~ ~
Signature
Contact person: John A. Kramer
Phone: 5031
Supporting data attached: Staff Report: Reso 1 ut i on; Letter. Ward:
FUNDING REQUIREMENTS:
Amount: N/A
Source:
Finance:
Council Notes:
75-0262
Agenda Item No.
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CITY OF SAN BERNA_INO - REQUEST Foe COUNCIL ACTION
STAFF REPORT
RESOLUTION APPROVING THE ASSIGNHENT
OF THE LEASE OF FISCALINI FIELD FROM
DON NOKURA TO ELMORE SPORTS GROUP LTD.,
SUBJECT TO THE REVIEW AND APPROVAL OF
THE FINAL ASSIGNHENT DOCUMENT.
The lease agreement between the City and Don Nomura relating
to the use of Fiscalini Field prohibits the assignment of the
rights and privileges. Mr. Nomura has sold the principal
portion of the ball club to David G. Elmore. A condition of
the sale is assignment of the total obligations and rights of
the lease to Mr. Elmore. .
Section 10 of the lease allows for the waiver of the
prohibition by the Mayor and Council. Approval of the
assignment will allow for the culmination of the sale and
transfer of the obligations of the lease to the principal
owner.
Approval is recommended.
reso:donnomura.elmore-u
1/7/92
5-0264
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING THE ASSIGNMENT OF THE LEASE OF FISCALINI
FIELD FROM DON NOMURA TO ELMORE SPORTS GROUP LTD. SUBJECT TO THE
REVIEW AND APPROVAL OF THE FINAL ASSIGNMENT DOCUMENTS.
WHEREAS, City and Don Nomura entered into that certain lease
dated December 23, 1992, for the use of Fiscalini Field for a
minor league professional baseball team, and
WHEREAS, Section 10 of said lease provides that the rights
and obligations of said lease may not be assigned without the
approval of the Mayor and Council, and
WHEREAS, Don Nomura proposes to assign said lease to Elmore
Sports Group Ltd., which is experienced and competent in the
operation of minor league professional baseball teams at all
levels and which has expressed a commitment to providing a quality
product for the residents of San Bernardino and the surrounding
communi ties, '.
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DO HEREBY RESOLVE THAT:
Subject to review and approval of the final assignment
documents, the Mayor and Common Council do hereby approve the
assignment of the lease of Fiscalini Field dated December 23, 1992
from Don Nomura to Elmore Sports Group Ltd.
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DAB:kf.[PISCALIN.RES]
January 7~ 1993
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1 RESOLUTXON OF THE MAYOR AND COMMON COUNCXL OF THE CXTY OF
SAN BERNARDXNO APPROVXNG THE ASSXGNMENT OF THE LEASE OF FXSCALXNX
2 FXELD FROM DON NOMURA TO ELMORE SPORTS GROUP LTD. SUBJECT TO THE
REVXEW AND APPROVAL OF THE FINAL ASSIGNMENT DOCUMENTS.
3
4 I HEREBY CERTIFY that the foregoing resolution was duly
5 adopted by the Mayor and Common Council of the City of San
6 Bernardino at a
7 day of
meeting thereof, held on the
, 1993, by the following vote, to wit:
8
Council Members:
ABSENT
AYES
NAYS
ABSTAIN
9 ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
of , 1993.
day
w. R. Holcomb, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
1.&
DAB:kfm[FISCALlN.RES]
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.January 7. 1993
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JACCI INTE- RNA'J.fPNAL
WILSHIRE METROPOLlT~.4.N CENTER
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December 28, 1992
Ms Annie R .3mos
Director
City of Sa.c.:. Bernardino
Parks, Rec-~eation and Community Service Department
547 North ~ierra Way
San Bernar- .:ino, CA 92401
Dear Annie
Pl c C'ase forward me a written consent from the Mayor and the
Common COli.,-:>cil in regards to the assignment of the lease to Mr.
Elmore and furthermore in lieu of waiving my obligation under the
said lease that was entered between the City of San Bernardino and
myself.
On= ~ of my conditions with Mr. Elmore is that he assumes the
absolute 0= ~ligation in regards to the said lease, however, under
section 10 (Assignment Prohibited), it prohibits me from assigning
the said 1= ~ase to Mr. Elmore except by the written consent by the
above part:... _ es.
I
soon as p.'"
between mY7
Mr. Elmore
~m looking forward in receiving said written consent as
:ssible in order to process the transaction quickly
~elf and Mr. Elmore, since time is the essence for
to begin operation.
I '" ~ppreciate your cooperation and if you have any questions
in regards to the above please feel free to call me.
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