HomeMy WebLinkAbout2016-234 1
RESOLUTION NO. 2016-234
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3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 4 TO
4 LEASE RL 2470 WITH METROPOLITAN WATER DISTRICT OF SOUTHERN
5 CALIFORNIA, REGARDING ASSESSMENT DISTRICT NO. 1055 IN THE PINE
AVENUE AND REDWOOD STREET AREA, TRACT NO. 17716
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7 WHEREAS, on February 20, 2007, by Resolution No. 2007-046, the Mayor and
8 Common Council authorized and directed the execution of an acknowledgement of a lease
between the Metropolitan Water District of Southern California(MWD) and Pine Trails Partners,
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LLC (Pine Trails), relative to a proposed City Assessment District in the Pine Avenue and
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Redwood Street area, now known as Assessment District No. 1055, in relation to Tentative Tract
11 No. 17716; and
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13 WHEREAS, on March 19, 2014, Amendment No. 1 to Lease was executed between
14 MWD and Pine Trails by substituting FH I1, LLC as the Lessee, and establishing the term of the
15 lease to be from March 1, 2014 through February 28, 2015; and,
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17 WHEREAS, on March 23, 2015, Amendment No. 2 to Lease was executed between
18 MWD and FH II, LLC, extending the term to August 31, 2015,
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20 WHEREAS, on September 21, 2015 Amendment No. 3 to Lease with MWD was
executed substituting the City of San Bernardino as the Lessee and establishing the term of the
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lease to be from September 1, 2015 through August 31, 2016; and
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23 WHEREAS, the City of San Bernardino and Metropolitan Water District of Southern
24 California are ready to extend the Lease for one (1) additional term beginning September 1, 2016
25 through August 31, 2021 with the option of extending for three (3) five (5) year terms.
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1 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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3 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and
4 directed to execute, on behalf of the City of San Bernardino, Amendment Number Four to the
5 Lease Agreement with Metropolitan Water District of Southern California, relative to
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Assessment District No. 1055 in the Pine Avenue and Redwood Street Area, Tract No. 17716
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8 attached hereto as Exhibit "A" and incorporated herein by this reference as though set forth in
9 full.
10 SECTION 3. The authorization to execute the above-referenced Amendment Number
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Four and issue the above-referenced purchase order are rescinded if the Amendment is not
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13 executed by both parties and returned to the Office of the City Clerk within sixty (60) days of the
14 passage of this Resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 4 TO
2 LEASE RL 2470 WITH METROPOLITAN WATER DISTRICT OF SOUTHERN
3 CALIFORNIA, REGARDING ASSESSMENT DISTRICT NO. 1055 IN THE PINE
AVENUE AND REDWOOD STREET AREA,TRACT NO. 17716
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 7`h
7 day of November, 2016, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
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MARQUEZ x-
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11 BARRIOS x-
12 VALDIVIA X
13 SHORETT X
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NICKEL X
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16 RICHARD X
17 MULVIHILL X
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19
Georgedn Hanna, C9C, City Clerk
�p
2o The foregoing Resolution is hereby approved this day of November, 2016.
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22
R. CaredBernardino
is, Mayor
23 City of
Approved as to form:
24 Gary D. Saenz, City Attorney
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By:
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2016-234
AMENDMENT NO. 4 TO LEASE
R.L.No. 2470
Foothill Feeder—Rialto Pipeline
MWD Parcel No. 1606-30-5
APN 026 1-731-42
WSO La Verne Team
Section 2. TERM of Lease R.L. 2470 between THE METROPOLITAN WATER
DISTRICT OF SOUTHERN CALIFORNIA and CITY OF SAN BERNARDINO is hereby
amended and shall read as follows:
"2. TERM. The initial term of this Lease shall commence on September 1, 2016 and
end on August 31, 2021. The PARTIES may extend the term of the LEASE by written
agreement prior to the expiration of the term with three (3) five (5) year extensions. The total
duration of the LEASE, including any options under this section, shall not exceed twenty (20)
years. This Lease may be terminated in accordance with the provisions of Paragraph 9 herein
below."
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]
2016--234
Amendment No. 4 to Lease -2-
R.L. 2470
Date Executed:
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) 384-5284
Email: Engineer_sa @sbcity.org
By:
Mark Scott, City Manager
Lessee
ATTEST:
Georgeann Hanna, City Clerk
Approved as to form:
GARY D. SAENZ, City Attorney
B t a