HomeMy WebLinkAbout8661
,-"--.---..--
. ____m
I
.-'-"'"""<.......:,.... '."""".
I
1 RESOLUTION NO. ,fj,~ /
2 . A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT
3 TO LEASE BETWEEN SAID CITY AND THE NATIONAL ORANGE SHOW RELATING
TO THE LEASING OF CERTAIN LAND FOR ADlTERTISING AND PARK PURPOSES
4 AND RATIFYING CERTAIN EXPENDITURES FOR LABOR, EQUIPMENT AND
MATERIALS. (LAGOON AREA)
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7
SECTION ONE: That the City of San Bernardino execute a
8 Second Amendment to Lease between said City and the National Orange
9 Show relating to the leasing of certain land for advertising and
10 park purposes and ratifying certain expenditures for labor, equip-
11 ment and materials. (Lagoon Area)
12 SECTION TWO: That said Second Amendment to Lease, a copy
13 of which is attached hereto, marked Exhibit "A" and referred to
14 and made a part hereof as fully as though set forth at length
15 herein, is hereby approved.
16 '
SECTION THREE: That the Mayor of the City of San Bernar-
17. dino is hereby authorized and directed to execute said Second
18 Amendment to Lease on behalf of said city.
19 I HEREBY CERTIFY that the foregoing resolution was duly
21
adopted by
dino at a
the /<xF
the Mayor and Connnon
~:~t';~J/
Council of the City of San Bernar-
meeting thereof, held on
, 1967 by the following vote,
20
221
II
231i
ii
"
24il
I:
251
,I
"
26 !!
NOES:
Counci en
);;~i)
c..1."-'
. ." /
, .//<LD
.
to wit:
AYES:
,
C-
/
ta;c
/
? r:::; -.
ity
"_;rhe foregoing resolution is hereby approved this .;:'",/ day
ili"'''-''Sc)' ,,,-'.of.""" ,4/'" ( , 1967. I?~
'lVCR~L' ." ,,T,c)lit' i%\ CUll f to /J
3'1 Appr'Oved s to orm: Mayor ~t~ City 0 San Be ardino
~). ~J~~~~~
City AttOrney
1:.1 rED
il
27 i!
2811
291!
ABSENT:
jlll
10
11
. ~r
,
1.
SECORD AMERmmrr TO LEASE
(Lagoon Area)
2
3
THIS SECORD AMEMIMEliT TO LEASE AMD AGllEEMENT is made and
4
entered into this day of . 1967 by and
5
between RATIOIlAL ORAIlGE SHOW. a nonprofit corporation. hereinafter
6
sometUnes called "Lessor". and the CITY OF SAM BEUAaDINO. CALI-
7
FOKMIA. a municipal corporation. hereinafter sometUnes called
8
"Lessee".
9
WIT N E SSE T B:
----------
WHEIlEAS, Lessor and Lessee have executed a lease and
agreement dated February la, 1966, pertaining to the use of portions
12
of the fairground (lagoon area) of Lessor by Lessee for public park
13
purposes; and
14
WHEitIAS, said parties desire to amend said lease and
15
16
agreement,
NOW. THEREFORE. in consideration of the mutual promises
and agreements contained in said lease and agreement and as
17 '
18
. further consideration for the use of the premises, Lessor and
19
! Lessee hereby agree that that certain lease and agreement dated
20
February 10, 1966 is hereby amended as follows, to wit:
21
221
,
I
23
24.
I
1
251
I
1
261
,
1
27!
1
281
,
I
29~
!
30
I
I
311
,
,
,
321
I
I
i
I
I
I
1. Lessee and its officers, employees and agents and
the general public of the City of San Bernardino shall be provided
ingress and egress to and from the leased premises at such times
and under such conditions as Lessor or its successors establishes
for and affords to the general public in visiting the fairground.
2. Paragraph 5 of said lease and agreement is hereby
amended 1:0 read as follows:
"5. Either party may at its sole discretion terminate
this lease at any tUne after five (5) years from the date of
its execution by giving to the other party sixty (60) days written
notice of such termination."
/
1
I
3. It is understood and agreed that the Lessee believes
2 that the fountains and lighting project will advance, promote
3 and advertise the City of San Bernardino and, therefore, it is
4 agreed that before or after the termination of this lease Lessee
5 may place, construct and maintain upon the leased premises a
6 plat or structure indicating that the fountains are an exhibit
7 of the City of San Bernardino; and said plat or advertising
8 structure shall remain during the life and existence of the
9 fountains.
10
4. It is acknowledged that pursuant to an oral <<gree-
11, ment between the Mayor and COIIlIIIOn Council of Lessee and Lessor,
12 Lessee provided between November 3, 1965 and February 17, 1966
13' at its own expense of $18,738.46, certain labor, equipment and
14 materials as set forth in paragraph 2 of First Amendment to Lease
15" and Agreement in addition and supplemental to the amount specified
16! therein. The providing of such l~bor, equipment and mate~ials by
17 Lessee in contemplation of the formal execution of ~ lease ~nd
18" agreement is hereby ratified and approved by both pal'ties and is
19 made a part of said lease and agreement Which shall be retro-
20'
21
22 .
23,
I
24'
I
251
!
,
26:
i
27'
!
I
28:
!
29:
I
I
30i
!
31
actively effective on
November 3, 1965 .
IN WITNESS WHEREOF, the parties hereto have subscribed
their names the day and year first above l~itten.
NATIONAL ORANGE SHOW, Lessor
By
President
By
Attest:
/1
Secretary
CITY OF SAN BERNARDINO, LeSJlee
By 6-L 'YUL15 cJj~
Approved as to form:
~~~~,~-
City torney
32
i Attorney for National
I Orange Show
I
i
I
I
I
I