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Home My WebLink About19-Public Works I clr'~ OF SAN BERN4DINO - . ~~!t "u. ~~.uv-u~v REQUEST F. COUNCIL ACTION From: ROGER G. HARDGRAVE, Director Dept: Public WorksjEngineering Date: December 12, 1990 Subject: Second Amendment to Lease: The United States of America (Army Reserve), modification of the legal description in the lease of City owned property: 296 E. Third Street Synopsis of Previous Council action: 02/18/52 ___ Lease executed between City of San Bernardino and the United states of America (Army Reserve), for that certain real property located at 296 East Third Street, for a term of fifty (50) years ending 06/30/2002. 04/01/59 ___ First Amendment to Lease adopted deleting 1.97 acres of land from legal description. :'; r~" Recommended motion: Adopt Resolution ], "7 J ~I/ // ~/ ,\'L'C/I L, , cc: Shauna Edwins, City Administrator James Penaan, City Attorney , Sigr'latu re Anne DeBolt 5328 Contact person: Phone: Supporting data attached: staff Report, Resolution, Map, 1 Ward: None FUNDING REQUIREMENTS: Amount: Source: (Acct, No,) (Acct, Descriotion) Finance: Council Notes: 12/12/90 75-0262 Agenda Item No. ,q . CITY OF SAN BERNaDINO - REQUEST F. COUNCIL ACTION STAFF REPORT The City of San Bernardino is widening WaterllllIl Avenue froll Hill Street to 5th Street (Waterman Rehab from Hill Street to 5th Street). The street widening project necessitates the altering of the legal description for the United States of America (Army Reserve) lease by deleting the East 7.75 feet of the leased property, which will be used for street purposes. Hr. Elliott, the Facilities Hanager for the Army Reserve and David Karst, the Building Engineer, met with staff in order to inspect the area affected (see enclosed letter). The following recommendations and/or requests were made: 1. When the chain-link perimeter fence (topped with barbed wire) is replaced on the Waterman Avenue side, it should be run from the North boundary of the property to the South boundary, rather than be attached to the North and South sides of the mechanic shop. 2. Hr. Karst sent a sprinkler lay-out for the lawn area South of the mechanic shop building so efforts can be made to avoid dllllllge. He is aware that some changes may have to be made in the location of sOlIe sprinkler heads. 3. The Army will be responsible for the relocating of the paint locker which currently is just South of the East driveway into the mechanic shop area. Both Hr. Elliott and Hr. Karst were extremely cooperative and have made every effort to accommodate the City regarding this project. The Amendment has been executed by the United States Goverment. As the conditions are not unreasonable, Staff recommends that the Resolution be adopted. 75-0264 12/12/90 2 ~~~(il~;;;~;~"-~''''"''~'''' -...~"""'~:'!:""";'- ' .' ,~~_)~~ -, f-,:,:~':;~;"~;;<~'~~", ,f ,.,:;:;:~~,~~.: ";; ...~JI('~ ~..;...:...~ .,.,'._ _ ~ .' ...~~ ".. 4. -...",,~., ,,':o'~:: .U~~ ~J",~"-,, ..~(."".-. -~ . ..,~-_.-.-. . _ ..,: 4 ~ ~~. ',.'r'".1Io., ..... - - .:. .~~.,- 'J'" ,...,'l'_," ""t.~ .., ._: " 0' _, :;....I'......;.,#!.;- .;"'\' .~. .~i!..t'o~.,...!;..;' :-. 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I.- _t-. --\-;-4 i ~ ", I \ "- - t- - -If- - - l -' , ;-.~.;:.: { i: 'I .1t<:'. ..'." ~ . _.I- '-0 ~:@-~'-r'- ~~: ~ @~, A~~e"'" , (<F.s~ i :~: , -, .- ~ ;.1 o ,_ .1.0 ~\ "i~(~) ~ , ~-' 0..:.;. ...,~ --c, :.oJ -,- \ -~t ~ rr 1 ''1 @~-j-\- . -+- . - >- ~~~, , i 1:- q, '0 t.', -l-a-- .... . ~ , ;,U --~_. ~ f~ ..;l>- " ;.{; -;:.t- ~,,:I ern ~. f '-.. W.IJTjlll\l"~ .ntN~ . -' .I&It . . .. .. " ..~ .~~ . STREET t. . " .. r '.~. .. ,~ . ~' '. .' '. '. .#.~ ~ . :':-"-j" -#::f ~. '.' "- . ;di~'~ ~_~ ",-1. '-',:--1. ";":'.- ," ." -.,",' '~~::'4 '~6.:~t.. -- ---- '~ , t r @ t. IB'. ~ .,' ... ~.:{ ~l' . . .___1_. ..-- ,_ '..i ....... ~~ .,' . -,. . .-. ., '1--' +-- ..L ~---- " i~ I . -1- C/l .. ! .. '.' -:+-..; .. -M/ElfW -~ IIMI'" . -'~-'-... .~:<;j:Z~~;' ~ ~-.';:.'." -' , . - ~PARTMENT OF THE ARMY U. .. STATES ARMY RESERVE C .. ATTN: FACILITY MANAGER 296 EAST THIaD STREET SAN BERNARDINO. CALIFORNIA 92410-4898 i"; iy f";;: ....,:, ..... . .... ~,. "'; ,. : - ~ .."... ;) ,;:"; ~ '-, - - "..-..;.: .1,J ,1.,,! ':' ~ ':~., r I"I::'~:.H# ...-.q~ ..lll,',,'.r~I"" ~~p~ ;1...." ._.... 1':.> :.:: 1. REIDt. Y TO ATTENTION O' February 2]!, 1990 1990 FED 26 ;:4 2. 25 Mr. Elliott (Facility Manager) CITY OF SAN BEllNARDINO PUBLIC WORKS/ENGINEERING 300 NORTH "D" STREET SAN BEllNARDINO, CA. 92418 Dear Sirs, This letter is to confirm that Ms. Anne Debolt met with me and the Facility Engineer of this Reserve Center for the purpose of inspecting this Center's East bounaary line prepatory to the City's plans to widen Waterman Avenue. Topics of concern discussed with Ms. Debolt included the following items: a. The chain link fence topped with barbed wire should not be con- nected to the building, but instead run from the south boundary to the north boundary. Connecting the fence line directly to the building would weaken the security for the mechanic shop. , b. The Shop Supervisor will be responsible for relocating the paint locker away from the fence line .so it will not interfere with the City's construction personnel. I have notified the Engineering Department (63rd ARCOM) at Los Alamitos, Ca., of the City's Waterman Avenue project. It is my intent to provide full support to assist the City of San Bernardino with this project. If you have any questions I may be reached Monday through Priday, by dialing (714) 885-6501 or 6502. My office hours are from 7:30 until 4:15. If an emergency arrises after duty hours, I may be reached at home by dialing (714) 884-5147. Sincerely, LLIOTT DA PM MT Facility Msnager United States Army Reserve Center , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 . . 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 Amendment to Lease with the United States of America (~ 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 15 Amendment to Lease is rescinded if the parties to the Amendment to Lease 12/12/90 16 17 18 19 20 21 22 23 24 25 26 27 28 fail to execute this resolution. / / / / / / / / / / / / / / / / / / / / / / it within one hundred twenty (120) days of the passage of 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 . . RESOLUTION AUTIiOl<HlNl> .I:JU>l;U!1UN U~ ;;J:,\,;ONJJ AmNJJMhNI IV l..bA1>b . . 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 held on the , 19_____, by the following vote, to-wit: COUNCIL MEMBERS: AYES NAYS ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER day of ABSTAIN City Clerk The foregoing resolution is hereby approved this , 1990. day of W. R. Holcomb. Mayor Ci ty of San Bernardino Approved as to form and legal content: James F. Penman City A~torney "? By: ' ~7 ~ _/ 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 WITNESSETH 8 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 1. 1959. modifying the description of the real property as 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 04/10/90 contained therein; and WHEREAS. the parties hereto desire to amend said lease to further modify the description of the real property as contained therein. NOW, ~ORE. it is mutually agreed between the parties as follows: 1. Section One of that modified lease between the parties hereto dated April 1, 1959. is hereby amended to read as follows: SECTION ONE: That the City of San Bernardino enter into and execute a lease with the United States of America (Army Reserve) for the following described property: That portion of Lots 10 to 18, inclusive. South of the South bank of Warm Creek, and Lots 19 to 27. inclusive, all in Block "D", Wozencraft Place. in the City of San Bernardino, California, excepting therefrom the East 7.75 feet thereof. upon the terms and conditions set forth in said Lease, and the Hayor of said City is hereby authorized to execute said lease on behalf of the City of San Bernardino. EXHIBIT ~A" . I.... ~ ... , . 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 AMENO~~ltIr THE UNITED STATES OF AMERIC~Y RESER~E) 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 ATIEST: City Clerk THE UNITED STATES OF AMERICA By: Robert W. Colangelo Acting Chief, Real Estate ivision Approved as to fo~ and legal content Jues F. Penman City Attorney ~~~ 2