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.CIT~ OF SAN BERN~DINO - REQUEST FAA COUNCIL ACTION
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Date: July 9. 1991
Subject: First Amendment to Lease: Modification
of term in the Citv's Lease of the
National Orange Show property - Fire
Station No. 10. Southwest corner of Mill
Street and Arrowhead Avenue
from: ROGER G. HARDGRAVE. Director
Dept: Public Works/Engineering
Synopsis of Previous Council action:
10/19/64
Lease executed between National Orange Show and the Citv of San
Bernardino. for that certain real property of the National Orange
Show. located at the Southwest corner of Mill Street and Arrowhead
Avenue. for a term of twenty-five (25) years. with no rent payment.
12/20/89
Lease re-written for a term of one (1) year, and a yearly rental
fee of $1.00.
01/23/91
First Amendment to Lease executed by City. sent to National Orange
Show Board. National Orange Show did not execute document.
Recommended motion:
1. Adopt Resolution
cc: Shauna Edwins, City Administrator
Andrew Green, Finance Director
James F. Penman, City Attorney
Will Wright. Fire.Chief
Contact person:
Anne DeBolt
Phone:
5328
Supporting data attached: Staff Report. Resolution. Map,
Ward:
3
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
75-0262
Agenda Item No.
5-7
-c;ITY. OF SAN BERN(jIDINO - REQUEST FOft COUNCIL ACTION
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STAFF REPORT
The Citv of San Bernardino executed a 25 vear lease for the property at the
Southwest corner of Mill Street and Arrowhead Avenue from the National Orange
Show. October 19, 1964. At the expiration of this 25 vear Lease the National
Orange Show informed the City that they were reluctant to commit to another long
term lease as thev have plans to develop a satellite wagering facility at that
corner. They gave the City a one-year term Lease in October, 1989. which has now
expired.
The Mavor and City Clerk executed a one-year amendment to Lease January 23.
1991. Staff contacted Mr. Ronald G. Skipper, the National Orange Show's
attorney, regarding the extension of the term of the lease in February, 1991.
Mr. Skipper notified Staff in March that the National Orange Show Board did not
want to sign any lease extension until after the Orange Show, however, the
National Orange Show Board stated that the fire station could remain on a month-
to-month basis until a decision had been made.
The Development Department is in the process of negotiating an agreement with the
Orange Show and one of the items agreed upon is that the fire station lease will
be amended to a term of 25 years. Therefore, Staff has prepared the enclosed
First Amendment to Lease for execution bv the Mayor and City Clerk.
Staff recommends that the Resolution Authorizing the Execution of the First
Amendment to Lease be adopted.
URGENCY CLAUS~: This executed First Amendment to Lease needs to be sent to the
National Orange Show Board along with the agreement being prepared by the
Development Department for various improvements along Arrowhead Avenue.
07/09/91
2
75-0264
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07/U9/91
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECu,ION
OF A FIRST AMENDMENT TO LEASE WITH THE NATIONAL ORANGE SHOW. LESSOR.
PERTAINING TO A MODIFICATION OF THE TERM IN A LEASE OF PROPERTY TO THE CITY.
AND SITUATED AT l~E SOUTHWEST CORNER OF MILL STREET AND ARROWHEAD AVENUE, IN
SAN BERNARDINO.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION
The Mavor of the Citv of San Bernardino is
1.
hereby authorized and directed to execute on behalf of said City, a First
Amendment to Lease with the National Orange Show, pertaining to a modifi-
cation of the term in the lease of the National Orange Show's property to
the Citv of San Bernardino. located at the Southwest corner of Mill Street
and Arrowhead Avenue, a copy of which is attached hereto. marked Exhibit "A"
and incorporated herein bv reference as fully as though set forth at length.
SECTION 2.
The authorization to execute the above-referenced
Amendment to Lease is rescinded if the parties to the Amendment to Lease
fail to execute it within ninety (90) days of the passage of this
resolution.
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07/09/90
.rtL0VL'v 1 J..V:'l t'\U 111 K.lL.:'I r... \...V J.. l
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AT THE SOUTHWEST CORNER OF
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MILL STREET AND ARROWHEAD AVENUE
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I HEREBY CERTIFY that the fore~oin~ resolution was duly adopted bv
the Mayor and Common Council of the City of San Bernardino at a
meetin~ thereof
held
on the
, 1991, by the following vote. to-wit:
COUNCIL MEMB_ERS:
ESTRADA
AYES.
NAYS
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The fore~oin~ resolution is herebv approved this
, 1991.
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and le~al content:
James F. Penman
Citv Attorney
By:
2
day
of
ABSTAIN
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07/09/91
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FIRST AMENDMENT TO LEASE
THIS FIRST AMENDMENT TO LEASE is made and entered into this
day of
, 19
, bv and between the NATIONAL ORANGE
SHOW. hereinafter referred to as "Lessor" and the CITY OF SAN BERNARDINO, a
municipal corporation, hereinafter referred to as "Lessee".
WIT N E SSE T H
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WHEREAS, the parties hereto executed a lease dated December 20,
1989, for the use of that certain property frontin~ on Mill Street and
Arrowhead Avenue in San Bernardino for the purpose of operating a Citv Fire
Station (Fire Station No. 10); and
WHEREAS. the parties hereto desire to amend said lease to modify
the term as contained therein:
NOW, THEREFORE, it is mutually agreed between the parties as
follows:
1. Section 2 of that lease between the parties hereto dated
December 20, 1989, is hereby amended to read as follows:
SECTION
TERM:
The term of this Lease shall be
2.
extended for a period of twenty-five (25) years, beginnin~ October 19,
1990, and ending October 18, 2015.
2. All other terms, conditions and covenants of said lease
shall remain the same and be in full force and effect.
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07/09/91
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IN WITNESS WHEREOF. the parties hereto have executed this Second
Amendment to Lease on the date first hereinabove written.
LESSOR: NATIONAL ORANGE SHOW
DATED:
Bv:
LESSEE: CITY OF SAN BERNARDINO
DATED:
By:_____________________________________
W. R. HOLCOMB. Mayor
ATTEST:
City Clerk
Approved as to form
and legal content
James F. Penman
Ci ty Attorney
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07/09/91
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FIRST AMENDMENT TO LEASE
'rRIS FIRST AMENDMENT TO LEASE is made and entered into this
day of . 19 bv and between the NATIONAL ORANGE
SHOW, hereinafter referred to as "Lessor" and the CITY OF SAN BERNARDINO. a
municipal corporation. hereinafter referred to as "Lessee".
WIT N E SSE T H
WHEREAS. the parties hereto executed a lease dated December 20,
19B9. for the use of that certain property fronting on Mill Street and
Arrowhead Avenue in San Bernardino for the purpose of operating a City Fire
Station (Fire Station No. 10); and
WHEREAS. the parties hereto desire to amend said lease to modify
the term as contained therein;
NOW. THEREFORE. it is mutually agreed between the parties as
follows:
1. Section 2 of that lease between the parties hereto dated
December 20. 19B9. is hereby amended to read as follows:
SECTION 2. l~RM: The term of this Lease shall be
extended for a period of twenty-five (25) years. be~inning October 19.
1990. and ending October lB. 2015.
2. All other terms, conditions and covenants of said lease
shall remain the same and be in full force and effect.
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07/09/91
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IN WITNESS WHEREOF. the parties hereto have executed this Second
Amendment to Lease on the date first hereinabove written.
LESSOR: NATIONAL ORANGE SHOW
DATED:
Bv:
LESSEE: CITY OF SAN BERNARDINO
DATED:
By:
W. R. HOLCOMB. Mayor
ATTEST:
City Clerk
A~~roved as to form
and le~al content
James F. Penman
City Attorney
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07/09/91
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fIRST AMENDMENT TO LEASE
THIS FIRST AMENDMENT TO LEASE is made and entered into this
day of , 19_, by and between the NATIONAL ORANGE
SHOW, hereinafter referred to as "Lessor" and the CITY OF SAN B~ARDINO, a
municipal corporation, hereinafter referred to as "Lessee".
WIT N E SSE T H
WHEREAS. the parties hereto executed a lease dated December 20,
1989, for the use of that certain property fronting on Hill Street and
Arrowhead Avenue in San Bernardino for the purpose of operating a Citv Fire
Station (Fire Station No. 10); and
WHEREAS, the parties hereto desire to amend said lease to modify
the term as contained therein;
NOW. THEREFORE, it is mutually agreed between the parties as
follows:
1. Section 2 of that lease between the parties hereto dated
December 20. 1989, is hereby amended to read as follows:
SECTION 2. ~~: The term of this Lease shall be
extended for a period of twenty-five (25) years, beginning October 19,
1990, and ending October 18, 2015.
2. All other terms. conditions and covenants of said lease
shall remain the same and be in full force and effect.
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EXHIBIT "A"
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n'7/()n In,
FIRST AMENDMENT TO ORANGE SHOW FIRE STATION LEASE (FIRE STATION NO. 10)
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IN WITNESS WHEREOF. the parties hereto have executed this
Second
Amendment to Lease on the date first hereinabove written.
LESSOR: NATIONAL ORANGE SHOW
DATED:
By:
LESSEE: CITY OF SAN BERNARDINO
12 DATED:
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By:
W. R. HOLCOMB. Mayor
14 ATTEST:
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City Clerk
Approved as to form
and legal content
James F. Penman
City Attorney
By:
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