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RESOLUTION NO.
.u47tJ
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A THIRD AMENDMENT TO LEASE WITH GOLFAMERICA
: CORPORATION RELATING TO THE TERM OF A LEASE FOR GOLF COURSE
PURPOSES.
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
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'authorized and directed to execute on behalf of said City a Third
Amendment to Lease with Golfamerica Corporation relating to the
. term of a lease for golf course purposes, a copy of which is
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lattached hereto, marked Exhibit "A" and incorporated herein by
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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 the City of San
Bernardino at a
on the tt& day of
h ~~
~: : , 1976,
by the following
meeting thereof, held
vote, to wit:
AYES: Councilmen (1.,7~~ 5JJ,~/h",< K~-<-
'-~ ~/...IA"',.v
NAYS: _~;./
ABSENT: ~:):;4./../ ':. ~
~:;~f~i;1~d
of
7;:::;,n:
day
resolution is hereby approved
1976.
Bernardino
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I LE 0
,.., .. '-J ,,::),.],.
.U.. l,~ I (I
L:UCILLE GOf"ORTH. CitY. CIeri(
BY..~ ..:2?!~7"A ~fPurr.
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THIRD AMENDMENT TO LEASE
(public golf co~se)
THIS THIRD AMENDMENT TO LEASE is made and entered into
this day of , 1976, by and between the CI'l'Y
OF SAN BERNARDINO, a municipal corporation, hereinafter called
"Lessor", and GOLFAMERICA CORPORATION, a California corporation,
hereinafter called "Sublessee".
WHEREAS, the City of San Bernardino did lease certain
property by a lease dated March 29, 1966 for golf course purposes;
and
WHEREAS, said lease has been assiqned to Golfamerica
Corporation, a California corporation, as Sublessee, with W. E.
Leonard and Barbara R. Leonard, husband and wife, as assignees
remainiIl9 liable to the Lessor, to wit: the City of san
Bernardino, a lIl\1nicipal corporation, under the terms and condition
set forth therein; and
WHEREAS, it is now desired to modify and extend the term
of said lease so that said lease will expire March 1, 2012; and
WHEREAS, it is desired to provide that the City may use
such portion of the property as may be required upon eighteen (18)
months advance written notice instead of upon ninety (90) days
advance written notice as provided in said lease,
NOW, THEREFORE, in consideration of the mutual promises,
provisions, covenants and conditions, it is agreed as follows;t1. Section II paragraph 2 of said lease is hereby amended
! to read as follows;
"2. ~
The term of this lease shall commence on the 19th day of
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May, U66 and shall te:rm1.nat. 45 years, 9 lIlOllt.ha, 9 days ~reaftef
on Maroh 1, 201.2.
1'he Cit.y lIlaY, by 91viag Subl..... ei9b~1'l (18) ___Us
advance aot.iae in writinq, t.e.rminat.e uts l...e, or, att ita option
OCCNpy and. _ any port.ion of Ue I_sed premi8e1l wlt:hout.
tenliDa1d.ng t.ha leaae or 1.nourring any liabilit.y or obligaUon
to Lea... aad Subla.a_a, in ~ event and at. it.a sol. d1seret1on
t.ha premi._ or any portion t.hereof i. A.sued for IiINJllcipal or
public uae..
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2. SeCI1:ion II para'1raph 3 of oid lease is hereby _oded
to read. as followaa
"3. R..t
The rent. to be paid <luring t.be term of this lease shall be
as follows.
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(a) DuriAq t.he first five (5) year period of this .tea..,
16 .teasee shall pay to the City a Illinimulll annual rental of $800.00
17 or. 67' of 9):0.. reoeipt.a, whichever is 91'.at.er.
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(1)) During t.ae second five (5) year period of this lease,
19 Les... shall pay to t.he Cit.y a mini"\,,, annual rental of $1,000.00
20 or 1.11' of gro.. receipt., whic:.b.ever i. great.er.
21 (e) During the neat. ten (10) year period of this lease,
22 aft\er the expiration of the periods and payment.. _t. forU in (a)
23 and (b) of ut. aec:tion berein&bove, Le.... shall pay t.o the Cit.y
24 a D\ini:mUJQ annual rental of $1,200.00 or 1.67' of gross receipt.s,
25 whiebever is ireat.er.
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(d) Durinq t.he remainder of the term of Uis 1...., aft.er
27 the expiration of the periods and payment.s ..t. forth in (aJ, (b)
28 and (e) of U1s aec:tion hereinabove, Le.... shaJ.l pay to the City
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1& ~4ni~um anaual rental of $1,400.00 or 2.22' of gros. receipts.
2whi.cftever is greater.
3 The term qros. reoeipta. .. 11884 in this para;raph :),
4 ,incluaes all qros. revenues received or reoeJ.vable by Le.....
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5 lwhether ca.h or credit, for driving ruge f_s, green f_. and
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6 similar f_s for use of or playinq upoa the public 901f oourse,
7 bat shall not iDclllde revenue frOll\ the _18 of food and beveralies,
8 nor _18 of equipment.
9 The annual rents deaeril:)ed. in this parAfiraph :) shaU be
10 paid in quarterly (i.e., tlu:_ \lIOnth) installmeats, .-h quarterly
11 instaJ.lJMult conat.ting of olle-fourth (1/4) of the ll\inimwB aaDual
12 rental or t.he ~licable peroentaqe of gros. receJ.pts for said
13 quarter (three llDAt.h period). Each quart.erly ia.taU_at shall
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3. Al.l other covenant.s, CODClitiOlUl, terms and provisio_
24 of _id prior lease .bal.l remain the __ ud remain in full
25 force and effect.
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1 IN WX'1'NBSS liIBEUOF the parties .have hereto executed thb
2 Third 1t.Il\endJaent to Lease on the date firat. hereinabove writ.ten.
3 CITY Of! SAN BERNARDINO
ATTESt'l
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LUCILLE GOFORTH
. City Clerk
By
w. R. HOLCOMB
Mayor
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GOLFAURICA COiU'OltAt'ION,
a California corporad..
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By
President.
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By
11 Secretary
12 Approved..a to fo:r:m:
13 /a/RJ&lph u. billa
14 cIty At:toraey
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16 We agree to the foregoinq.
17 Dated:
18 ASSIGNEES
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Ii. J3. Leonard
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Barbara ll. Leoaard
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