HomeMy WebLinkAbout2018-1421 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2018-142 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE FIFTH AMENDMENT TO THE USE LEASE AND AGREEMENT WITH J.G. GOLFING ENTERPRISES, INC., TERMINATING THE LEASE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager is hereby authorized and directed to execute on behalf of the City of San Bernardino the Fifth Amendment to the Use Lease and Agreement with J.G. Golfing Enterprises, Inc., attached hereto as Exhibit "A" and incorporated herein by this reference. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE FIFTH AMENDMENT TO THE USE LEASE AND AGREEMENT WITH J.G. GOLFING ENTERPRISES, INC., TERMINATING THE LEASE I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 16a' day of May 2018, by the following vote, to wit: Council Members: AYES NAYS MARQUEZ X BARRIOS Y VALDIVIA x�l►L SHORETT 1! RICHARD y MULVIHILL y (5) ABSTAIN ABSENT George anna, CM(!, City Clerk The foregoing Resolution is hereby approved this 16a' day of May 018. R. Carey Davis, ayor City 0 San BeY ardino Approved as to form: Gary D. Saenz, City Attorney By: N 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FIFTH AMENDMENT TO LEASE THIS FIFTH AMENDMENT TO LEASE is entered into this 16`h day of May 2018, at San Bernardino, California, by and between the CITY OF SAN BERNARDINO (hereinafter called Lessor) and J.G. GOLFING, INC., dba San Bernardino Golf Couse, (hereinafter called Lessee). WHEREAS, the City of San Bernardino leased certain property located at 1494 South Waterman Avenue, San Bernardino, California, by lease dated March 19, 1966 to Harvey Hard and Associates for golf course purposes; and WHEREAS, on or about August 17, 1981 said lease was assigned by W.E. Leonard and Barbara Leonard, to J.G. Golfing Enterprises, Inc., dba San Bernardino Golf Course; and WHEAREAS, it is now desired to amend, modify and terminate the term of said lease so that the lease will expire effective March 19, 2018. NOW, THEREFORE, in consideration of the provisions, covenants and agreements of said Lease, Paragraph 2 of the Lease is amended to read as follows: 462. Term: The Term of this Lease shall commence on the 19th of May, 1966 and shall terminate on March 19, 2018." All other covenants, conditions, terms and provision of said prior lease and amendments thereto shall remain the same and remain in full force and effect. Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FIFTH AMENDMENT TO LEASE IN WITNESS WHEREOF, this Fifth Amendment is executed by Lessor and Lessee acting by and through their authorized officers. CITY OF SAN BERNARDINO: Date: 6 / _6_�L / 2018 - - 01 il�_- 1� " wdll�m Andrea M. Miller, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: A Georgeann He6fia, CMC; J.G. Golfing, Inc.: Date: / ZZ / 2018 By.1C-7Z " Its: bW fy-y- Page 2