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RESOLUTION NO. Lzll9f3
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A THIRD AMENDMENT TO LEASE WITH W. E. LEONARD AND
3 BARBARA R. LEONARD RELATING TO THE TERM OF LEASE FOR GOLF COURSE
PURPOSES AND MODIFICATIONS CONCERNING RENTALS AND NOTICE PERIODS;
4 AND REPEALING RESOLUTION NO. 12470.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
authorized and directed to execute on behalf of said City a Third
Amendment to Lease with W. E. Leonard and Barbara R. Leonard
relating to the term of lease for golf course purposes and
modifications concerning rentals and notice periods, a copy of
which is attached hereto, marked Exhibit "A" and incorporated
herein by referenee as fully as though set forth at length.
SECTION 2. Resolution No. 12470 is hereby repealed.
15 I HEREBY CERTIFY that the foregoing resolution was duly
16 adopted by the Mayor and Common Council of the City of San
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Bernardino at a h~ meeting thereof, held on the
/9 day of 0jt , 1976, by the following vote, to
wit:
AYES:
Councilmen h4,nAv'V, &~""'/N1c, ~:r,(V?4/
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NAYS:
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ABSENT:
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C~tyer
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The foregoing resolution is hereby approved this ~+.v.( day
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, 1976.
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THIRD AMENDMENT TO LEASE
(public golf course)
THIS THIRD AMENDMENT TO LEASE is made and entered into
this ~~ day of ~~ ' 1976, by and between the
CITY OF SAN BERNARDINO, a municipal corporation, hereinafter
called "Lessor", and W. E. LEONARD and BARBARA R. LEONARD, husband
and wife, as assignees under a certain lease as hereinafter set
forth, hereinafter called "Lessees".
WIT N E SSE T H:
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WHEREAS, the City of San Bernardino did lease certain
property by lease dated March 9, 1966 to Harvey Head and Associate
for golf course purposes; and
WHEREAS, on or about May 14, 1966 said lease was assigned
by the original lessees to San Bernardino Public Golf Course, Inc.
a California corporation; and
WHEREAS, on or about March 1, 1971 said lease was further
assigned by said San Bernardino Public Golf Course, Inc. to W. E.
Leonard and Barbara R. Leonard, husband and wife, as assignees;
and
WHEREAS, on or about August 16,1974 the property leased
under said lease was subleased by W. E. Leonard and Barbara R.
Leonard to Golfamerica Corporation, a California corporation; and
WHEREAS, on or about March 15, 1976 said sublease by W. E.
Leonard and Barbara R. Leonard, husband and wife, to Golfamerica
Corporation was terminated by mutual agreement of the parties; and
WHEREAS, it is now desired to amend, modify and extend the
term of said lease so that said lease will expire March 1, 2012;
and
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1 WHEREAS, it is desired to provide that the City may use
2 such portion of the property as may be required upon eighteen (18)
3 months advance written notice instead of upon ninety (90) days
4 advance written notice as provided in said lease,
S NOW, THEREFORE, in consideration of the mutual promises,
6 provisions, covenants and conditions, it is agreed as follows:
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1. Section II paragraph 2 of said lease is hereby amended
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read as follows:
"2. Term
The term of this lease shall commence on the 19th day of
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I May, 1966 and shall terminate
after on March 1, 2012.
45 years, 9 months, 9 days there-
13 The City may, by giving Lessees eighteen (18) months
14 advance notice in writing, terminate this lease, or at its option,
IS occupy and use any portion of the leased premises without
16 Iterminating the lease or incurring any liability or obligation to
17 Lessees, in the event and at its sole discretion the premises or
HI any portion thereof is needed for municipal or public use."
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2. Section II paragraph 3 of said lease is hereby amended
20 to read as follows:
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"3. Rent
22 The rent to be paid during the term of this lease shall be
23 as follows:
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(a) During the first five (5) year period of this lease,
2S Lessees shall pay to the City a minimum annual rental of $800.00
26 or .67% of gross receipts, whichever is greater.
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(b) During the second five (5) year period of this lease,
28 Lessees shall pay to the City a minimum annual rental of $1,000.00
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1 or 1.11% of gross receipts, whichever is greater.
2 (c) During the next ten (10) year period of this lease,
3 after the expiration of the periods and payments set forth in (a)
4 and (b) of this section hereinabove, Lessees shall pay to the City
S a minimum annual rental of $1,200.00 or 1.67% of gross receipts,
6 whichever is greater.
7 (d) During the remainder of the term of this lease, after
I the expiration of the periods and payments set forth in (a), (b)
, and (c) of this section hereinabove, Lessees shall pay to the City
10 a minimum annual rental of $1,400.00 or 2.22% of gross receipts,
11 whichever is greater.
12 The term gross receipts, as used in this paragraph 3,
13 includes all gross revenues received or receivable by Lessees,
14 whether cash or credit, for driving range fees, green fees and
15 similar fees for use of or playing upon the public golf course,
16 but shall not include revenue from the sale of food and beverages,
17 nor sale of equipment.
18 The annual rents described in this paragraph 3 shall be
19 paid in quarterly (i.e., three month) installments, each quarterly
20 installment consisting of one-fourth (1/4) of the minimum annual
21 rental or the applicable percentage of gross receipts for said
22 quarter (three month period). Each quarterly installment shall
23 be paid within thirty (30) days after the end of said quarter by
24 check or draft drawn to the order of the City of San Bernardino
2S and mailed or personally delivered to the hereinafter mentioned
26 address of the City. The final quarterly payment for each year
27 shall include any necessary corrections, so that the sum of the
28 four quarterly payments will equal the total annual rental des-
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1 cribed in this paragraph 3.
2 The rental for any partial month or quarter remaining at
3 the end of the lease term shall be pro-rated."
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3. All other covenants, conditions, terms and provisions
S of said prior lease shall remain the same and remain in full
6 force and effect.
7 IN WITNESS WHEREOF the parties have hereto executed this
I Third Amendment to Lease on the date first hereinabove written.
, "LESSOR"
Ul CITY OF SAN BERNARDINO
ATTEST:
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W. E. Leonard
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Barbara R. Leonard
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