HomeMy WebLinkAbout2008-117
1 RESOLUTION NO. 2008-117
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO
3 LEASE OF PROPERTY FROM UNION PACIFIC RAILROAD COMPANY TO THE CITY
OF SAN BERNARDINO
4
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed
8 to execute on behalf of said City a First Amendment to Lease of Property from Union Pacific
9 Railroad Company to the City of San Bernardino, a copy of which First Amendment to Lease of
10 Property is attached hereto marked Exhibit 1 and incorporated herein by reference as fully as though
11 set forth at length.
12 SECTION 2. The authorization granted by this Resolution shall expire and be void and
13 of no further effect if said First Amendment to Lease of Property is not executed by all parties and
14 returned to the Office of the City Clerk within sixty (60) days following the effective date of this
15 Resolution.
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28 III
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO
2 LEASE OF PROPERTY FROM UNION PACIFIC RAILROAD COMPANY TO THE CITY
OF SAN BERNARDINO
3
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
4 joint
Common Council of the City of San Bernardino at a r~ 811] ~ r meeting thereof, held on the ...:t..t.
5
April
, 2008, by the following vote, to wit:
day of
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COUNCIL MEMBERS:
7
8 ESTRADA
9 BAXTER
10 BRINKER
11 DERRY
12 KELLEY
13 JOHNSON
14 MC CAMMACK
AYES
NAYS
ABSTAIN ABSENT
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x
x
x
x
x
x
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];~ /2. ~J~
Racliel Clark, City Clerk
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The foregoing Resolution is hereby approved this q day of April_, 2008.
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23 Approved as to form:
24 JAMES F. PENMAN,
City Attorney
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2008-117
Lease Audit # 236547
Folder # t-S64-~r 22..12~ g
FIRST AMENDMENT TO LEASE OF PROPERTY
THIS FIRST AMENDMENT to Lease of Property is made as of the 20th day of March,
2008 (the "Effective Date"), by and between UNION PACIFIC RAILROAD COMPANY, a
Delaware corporation ("Lessor"), and CITY OF SAN BERNARDINO, a California municipal
corporation ("Lessee").
RECITALS:
A. By Lease dated March 23, 2005, the parties entered into a Lease of Property (the
"Lease") covering certain premises located at San Bernardino, California ("Premises") for a hike
and bike trail, beautification and purposes incidental thereto only, and for no other purpose.
B. As a result of an eminent domain action ( People of the State of California.
Department of Transportation v. Union Pacific Railroad Company. et aI., Case Number SCVSS
144269, Superior Court of California, County of San Bernardino), it is necessary to delete from
the Lease that portion of the Premises taken as a result of the eminent domain action.
C. The parties desire to amend the Lease as set forth below.
AGREEMENT:
NOW, THEREFORE, in consideration of the mutual covenants and undertakings in this
First Amendment, the parties agree as follows:
Section 1. Definitions.
The terms in this First Amendment have the same meanings given such terms in the
Lease, except the term "Premises," which shall henceforth have the meaning set forth in Section
2 of this First Amendment.
Section 2. New Exhibit A / Premises.
Exhibit "A" attached hereto and hereby made a part hereof is hereby substituted for the
Exhibit "A" attached to said Lease, and each and every reference in said Lease to Exhibit "A" or
to the "Premises" or to the "leased Premises" shall henceforth be deemed a reference to the print
dated 2/25/2008, number 2212-68, prepared by Cheryl A. Austin, marked Exhibit "A" and
attached hereto. The Lease shall terminate as to that portion of the Premises (as shown in
Exhibit "A" to the Lease prior to this First Amendment) taken as a result of the eminent domain
action referred to in Recital B of this First Amendment. Pursuant to Article III.B of the Lease,
Lessor shall refund to Lessee the portion of the advance fixed rent attributable to the property
taken, for the period between the date of the taking and the expiration date of the Lease, agreed
by Lessor and Lessee to be $4,355. The refund shall be made by decreasing the compensation to
be paid to Lessor pursuant to the judgment in the eminent domain action by $4,355 and
increasing the compensation to be paid to Lessee by the same amount.
EXHIBIT 1
... '"
2008-117
Section 3. Amendment to Article III.B.
The first sentence of Article III.B of the Lease is amended in its entirety to read: "If
Lessor terminates this Lease for any reason other than Lessee's default, or if this Lease is
terminated under Section 19 of Exhibit "B," then Lessor shall refund to Lessee the portion of the
advance fixed rent attributable to the period between the effective date of the termination and the
expiration date specified in Article II."
Section 4. Amendment Supplemental.
This First Amendment is supplemental to the Lease, and nothing herein contained shall
be construed as amending or modifYing the same, except as herein specifically provided. In the
event of any conflict between the terms of this Amendment and the terms of the Lease, the terms
of this First Amendment shall prevail. Except as expressly provided herein, all of the terms,
covenants and conditions contained in the Lease shall remain in full force and effect.
Section 5. Counterparts.
This First Amendment may be executed in multiple counterparts. A copy of this First
Amendment bearing an original signature shall constitute a counterpart, and all such counterparts
shall, taken together, constitute one and the same agreement.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed on the dates set forth below, to be effective as of the Effective Date first above written.
Date
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Lessor:
UNION PACIFIC RAILROAD COMPANY
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Its: L ~.--7e~/ G/;.fr-
Lessee:
CITY OF SAN BERNARDINO
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Date
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APPROVED AS TO FORM:
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EXHIBIT 1
Oversized
Map
Attached to
Original
Resolution