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HomeMy WebLinkAbout1979-115 \. y 1 , 'f. -.! /)" 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 RESOLUTION NO. . 1 '1-.lI~ RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN ASSIGNMENT OF USE LEASE AND AGREEMENT AND CONSENT THERETO BY CITY OF SAN BERNARDINO FROM W. E. LEONARD AND BARBARA R. LEONARD TO SAN BERNARDINO INVESTORS, RELATING TO THE SAN BERNARDINO PUBLIC GOLF COURSE. 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 an Assignment of Use Lease and Agreement and Consent Thereto by City of San Bernardino from W. E. Leonard and Barbara R. Leonard to San Bernardino Investors, relating to the San Bernardino Public Golf Course, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of Bernardino at a/7U /J~ on the ~Ji- day of mtU-t'.L the City of San .#'l/,tZ,-u __ meeting , 1979, by the thereof, held following vote, to wit: AYES: CO]:; ;i:l::;;:!;t~ 71~./ NAYS: ABSENT: ---'}J p , ./ The foregoing resolution is ~@?d/ ..c~4b / City Clerk his j,?/U'-da of -=lJ;rI\t"l\ . , 1979. San. Bernardino ~~:/. 1. Y orney ~ .' ASSIGNMENT OF USE LEASE AND AGREEMENT AND CONSENT THERETO BY CITY OF SAN BERNARDINO W.E. LEONARD and BARBARA R. LEONARD current Lessees under that certain Use Lease and Agreement of the real property described on Exhibit A attached hereto and incorporated herein by reference which Use Lease and Agreement was originally dated March 29, 1966 and amended by agreements dated July 16, 1969, January 12, 1970 and July 29, 1976 herein collectively referred to as "Lease" hereby assign and transfer to SAN BERNARDINO INVESTORS, a limited partnership all of their right, title and interest in and to said Lease. In consideration of the above assignment and the written consent of the City of San Bernardino thereto, the said assignee hereby agrees to make all of the payments and perform all of the covenants and conditions of the Lessee under the said Lease. The City of San Bernardino hereby consents to the assignment of the Lease to the said assignee and to the execution of a trust deed by the assignee for the benefit of the assignors to secure payment of a portion of the consideration for such assignment on the express condition that any subsequent 1/ o. . assignment or subletting by the assignee or by the beneficiary under the said deed of trust without the written consent of the City of San Bernardino shall be void and shall confer no assignee or subtenant. ~ rights upon the purported Dated: January , 1979 ATTEST: ~d4/LV~M City Clerk Approved as to Form: <<~~~ C~ty A orney ~~4 fJ~ ar ara R. Leo ar Assignor SAN BERNARDINO INVESTORS, a limited partnership By Ga*~~ and RO g~ way~~ Assignee CITY OF SAN a municipal By " 2/ . . . PARCEL IV Leasehold estate created ~y that certain unrecorded agreement dated March 29, 1966 between the City of San Sernardino and Ilarvey Ileac and Duiel D. Bro'-"l'l of the real property in the Co~ntJ of San Bernardino, State of California described as follo,-'s: A certain portion of Lot 14, Slock S4 Rancho San Bernardino, Book 7 of Mars, paqe 2, more specifically delineated on a plat attache: to said lease marke: Ext.ibit A. _...___a_ _