HomeMy WebLinkAbout2015-208 I RESOLUTION NO. 2015-208
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF
3 AMENDMENT NO. 3 TO LEASE WITH METROPOLITAN WATER DISTRICT OF
4 SOUTHERN CALIFORNIA, RELATIVE TO ASSESSMENT DISTRICT NO. 1055 IN
THE PINE AVENUE AND REDWOOD STREET AREA, TRACT NO. 17716.
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WHEREAS, on February 20, 2007, by Resolution No. 2007-046, the Mayor and
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7 Common Council authorized and directed the execution of an acknowledgement of a lease
8 between the Metropolitan Water District of Southern California (MWD) and Pine Trails
9 Partners, LLC (Pine Trails), relative to a proposed City Assessment District in the Pine
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Avenue and Redwood Street area, now known as Assessment District No. 1055, in relation
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12 to Tentative Tract No. 17716; and
13 WHEREAS, on March 19, 2014, Amendment No. 1 to Lease was executed between
14 MWD and Pine Trails by substituting FH Il, LLC as the Lessee, and establishing the term
15 of the lease to be from March 1, 2014 through February 28, 2015; and on March 23, 2015,
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Amendment No. 2 to Lease was executed between MWD and FH II, LLC, extending the
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18 term to August 31, 2015; and
19 1 WHEREAS, the City of San Bernardino is ready to assume landscape maintenance
20 responsibilities for Assessment District No. 1055, which includes the area over the MWD
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22 owned parcels covered by the lease agreement; and the parties wish to extend the Lease
23 for one (1) additional term beginning September 1, 2015 through August 31, 2016.
24 NOW BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
25 THE CITY OF SAN BERNARDINO AS FOLLOWS:
26 SECTION 1. The City Manager is hereby authorized and directed to execute on
27 behalf of the City, Amendment No. 3 to Lease with MWD by substituting the City of San
28 Bernardino as the Lessee and establishing the term of the lease to be from September 1, 2015
1 through August 31, 2016, relative to Assessment District No. 1055 in the Pine Avenue and
2 Redwood Street area, pursuant to the Conditions of Approval for Tentative Tract No. 17716,
3 said Amendment No. 3 to Lease is attached hereto as Exhibit "1" and incorporated herein.
4 SECTION 2. The authorization to execute the above referenced Amendment is
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6 rescinded if the parties to the Agreement fail to execute it within ninety (90) days of the
7 passage of this Resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF
2 AMENDMENT NO. 3 TO LEASE WITH METROPOLITAN WATER DISTRICT OF
SOUTHERN CALIFORNIA, RELATIVE TO ASSESSMENT DISTRICT NO. 1055 IN
3 THE PINE AVENUE AND REDWOOD STREET AREA, TRACT NO. 17716.
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6 and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on
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the 21" day of September, 2015, by the following vote,to wit:
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9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ X
11 BARRIOS x
12
VALDIVIA x
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14 SHORETT x
15 NICKEL X
16 JOHNSON X
17 MULVIHILL X
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20 George Hanna, C, City Clerk
21 The foregoing resolution is hereby approved this day of September, 2015.
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22 2 - �'
23 R. CAREY VAVIS, Mayor
24 City of San Bernardino
25 Approved as to form:
26 GARY D. SAENZ, City Attorney
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By• '
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2015-208
1
2 EXHIBIT 661"
3 -Amendment No. 3 to Lease-
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6 [See attached]
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2015-208
AMENDMENT NO. 3 TO LEASE
R.L.No. 2470
Foothill Feeder—Rialto Pipeline
MWD Parcel No. 1606-30-5
APN 0261-731-42
WSO La Verne Team
Lease R.L. 2470 between THE METROPOLITAN WATER DISTRICT OF
SOUTHERN CALIFORNIA and FH I1, LLC is hereby amended by substituting CITY OF SAN
BERNARDINO as Lessee, and by deleting in its entirety Paragraphs 2 & 4 thereof, and
substituting therefor the following:
2. TERM. The term of this Lease shall be year-to-year beginning on
September 1, 2015 and terminating on August 31, 2016. This Lease may be terminated in
accordance with the provisions of Paragraph 9 herein below.
4. RENT. The initial rent shall be $2,594 annually payable in advance.
Except as herein amended, all terms and conditions of Lease R.L. 2470 shall
continue in full force and effect.
Date Executed:
Lessor's Mailing Address: THE METROPOLITAN WATER DISTRICT
Post Office Box 54153 OF SOUTHERN CALIFORNIA
Los Angeles, CA 90054
Attention: Real Property Development Jeffrey Kightlinger
and Management Group General Manager
Telephone (213) 217-7750
Email: RealEstateServices @mwdh2o.com
By:
John Clairday, Manager
Real Property Development
and Management Group
Lessor
[Signatures continue on next page]
2015-208
Amendment No. 3 to Lease -2-
R.L. 2470
Date Executed:
Lessee's Mailing Address: CITY OF SAN BERNARDINO
300 N. D Street, 3rd Floor
San Bernardino, CA 92418
Attn: Real Property Section
Telephone (909) 384-5226
Email: Sandoval_ry @sbcity.org
By:
Allen Parker, City Manager
Lessee
ATTEST:
Georgeann Hanna, City Clerk
Approved as to form:
GARY D. SAENZ, City Attorney
By:
~ 2015-208
AMENDMENT NO. 3 TO LEASE
R.L.No. 2470
Foothill Feeder—Rialto Pipeline
MWD Parcel No. 1606-30-5
APN 0261-731-42
WSO La Verne Team
Lease R.L. 2470 between THE METROPOLITAN WATER DISTRICT OF
SOUTHERN CALIFORNIA and FH 1I, LLC is hereby amended by substituting CITY OF SAN
BERNARDINO as Lessee, and by deleting in its entirety Paragraphs 2 & 4 thereof, and
substituting therefor the following:
2. TERM. The term of this Lease shall be year-to-year beginning on
September 1, 2015 and terminating on August 31, 2016. This Lease may be terminated in
accordance with the provisions of Paragraph 9 herein below.
4. RENT. The initial rent shall be $2,594 annually payable in advance.
Except as herein amended, all terms and conditions of Lease R.L. 2470 shall
continue in full force and effect.
Date Executed: c-c �e�
Lessor's Mailing Address: THE METROPOLITAN WATER DISTRICT
Post Office Box 54153 OF SOUTHERN CALIFORNIA
Los Angeles, CA 90054
Attention: Real Property Development Jeffrey Kightlinger
and Management Group General Manager
Telephone (213) 217-7750
Email: RealEstateServices @mwdh2o.com
e
APrope op _
and Management Group
Lessor
[Signatures continue on next page]
2015-208
Amendment No. 3 to Lease -2-
R.L. 2470
Date Executed: DeC4,0 016er� ZO l b-
Lessee's Mailing Address: CITY OF SAN BERNARDINO
300 N. D Street, 3`d Floor
San Bernardino, CA 92418
Attn: Real Property Section
Telephone (909) 384-5226
Email: Sandoval_ry@sbcity.org
By.
Alle arker, City Manager
Lessee
ATTEST:
George Hanna, City Clerk
Approved as to form:
GARY D. SAENZ, City Attorney
By: �