HomeMy WebLinkAboutR03-Redevelopment Agency
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RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF A
SECOND AMENDMENT TO SBANDIN HILLS GOLF CLUB LEASE.
BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Chairman and Secretary of the Community
Development Commission of the City of San Bernardino are hereby
authorized and directed to execute for and on behalf of the
Redevelopment Agency of the City of San Bernardino a Second
Amendment to Shandin Hills Golf Club Lease, with such changes
thereto as may be approved the Chairman and Agency Counsel. A
copy of said second amendment is annexed hereto as Exhibit -l-
and incorporated herein by reference as though fully set forth at
length.
Dated:
Approved as to form:
AGENCY COUNSEL
By ~R~~
The foregoing resolution was duly adopted by the following
vote, to wit:
AYES:
Members
NAYS:
ABSENT or
ABSTAIN:
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SECOND AMENDMENT TO SBANDIN HILLS GOLF CLUB LEASE
THAT CERTAIN LEASE effective as of January 1, 1985, by and
between THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, hereinafter the .Agency., a public body corporate and
politic, and SHANDIN HILLS GOLF CLUB, a California corporation,
hereinafter the .Tenant., first amended the 19th day of August,
1985, is hereby amended in the following respects:
SECTION 1. Section 9 is hereby amended to read as follows:
.Section 9. Payment of One-Time Fee.
Tenant agrees to pay to City a one-time fee of $700,000, on
the following terms:
Agency shall apply the $50,000 earlier placed as a deposit
with the Agency to its credit toward this account, and,
coincident with the signing hereOf, Tenant shall deposit an
additional $50,000 with Agency, for a total of $100,000. Receipt
and credit of such amounts is hereby acknowledged by Agency. In
addition, at the time of execution of this lease, Tenant shall
deliver to Agency a promissory note payable to the order of
Agency, in the amount of $600,000, bearing interest at the rate
of ten) percent per annum (10%), payable as follows: monthly
payments, payable on or before the last day of each month, during
the first twelve, sufficient to pay $100,000 on principal, plus
all accrued interest; receipt of all payments due during 1985 is
acknowledged by Agency; during the second lease year, commencing
on or before the 28th day of January, 1986, Tenant shall pay the
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1 monthly sum of $12,958.25, such sum to continue through the 28th
~. day of December, 1986, thereafter, commencing on or before the
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3 28th day of January, 1987, and continuing until the entire
4 principal sum is paid in full, Tenant shall pay the monthly sum
required to amortize the then outstanding balance of principal
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over two years, so that the final payment shall be due and will
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be paid in full as of December 28, 1988. The promissory note
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shall be secured by personal guarantees, in form satisfactory to
Agency, by the following persons and entities, who shall be
jointly and severally liable thereon: L.S. Hawley Corp., a
California Corporation, L. David Hawley and Betty J. Hawley,
husband and wife, James E. Hawley and patricia Hawley, husband
and wife, David A. Hartley and Barbara E. Hartley, husband and
wife, and Henry A. Bickler. In consideration thereof, Agency
hereby agrees to hold Tenant entirely free and harmless of all
existing debt.-
SECTION 2. To give full effect to the foregoing change,
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Tenant shall present to Agency a revised promissory note, in form
approved by Agency Counsel, to carry out the terms specified in
the amended Section 9. The revised promissory note shall be in
21 the amount of $500,000, being the principal amount outstanding as
22 of December 28, 1985, and shall bear interest from that date.
Upon presentation to the Agency of such revised promissory note,
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24 duly executed in form approved by Agency Counsel, Agency shall
25 return to Tenant the original promissory note heretofore executed
26 by Tenant under the provisions of the original lease.
SECTION 3. In all other respects, the lease shall remain if
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28 full force and effect.
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.IN WITNESS WHEREOF, the parties have executed this agreement
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2 effective as of the first day of January, 1986.
3 REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
SHANDIN HILLS GOLF CLUB,
A California Corporation
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5 By
EVLYN WILCOX, Chairman
By
President
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ATTEST:
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8
By
Secretary
By
9 GLENDA SAUL, Secretary
10 Approved as to form:
11 AGENCY COUNSEL
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13 By ~~~
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RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF A
SECOND AMENDMENT TO SBANDIN HILLS GOLF CLUB LEASE.
BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
5 SECTION 1. The Chairman and Secretary of the Community
6 Development Commission of the City of San Bernardino are hereby
7 authorized and directed to execute for and on behalf of the
8 Redevelopment Agency of the City of San Bernardino a Second
9 Amendment to Shandin Hills Golf Club Lease, with such changes
10 thereto as may be approved the Chairman and Agency Counsel. A
11 copy of said second amendment is annexed hereto as Exhibit -1-
12 and incorporated herein by reference as though fully set forth at
13 length.
C 14 Dated:
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Approved as to form:
AGENCY COUNSEL
By ~a(~
The foregoing resolution was duly adopted by the following
vote, to wit:
Members
AYES:
NAYS:
ABSENT or
ABSTAIN:
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SECOND AMENDMENT TO SHANDIN BILLS GOLF CLUB LEASE
THAT CERTAIN LEASE effective as of January 1, 1985, by and
between TBE REDEVELOPMENT AGENCY OF TBE CITY OF SAN BERNARDINO,
CALIFORNIA, bereinafter tbe .Agency., a public body corporate and
politic, and SBANDIN BILLS GOLF CLUB, a California corporation,
bereinafter tbe .Tenant., first amended tbe 19tb day of August,
1985, is bereby amended in tbe following respects:
SECTION 1. Section 9 is bereby amended to read as follows:
.Section 9. Payment of One-Time Pee.
Tenant agrees to pay to City a one-time fee of $700,000, on
tbe following terms:
Agency sball apply tbe $50,000 earlier placed as a deposit
with tbe Agency to its credit toward tbis account, and,
coincident witb tbe signing bereof, Tenant sball deposit an
additional $50,000 witb Agency, for a total of $100,000. Receipt
and credit of such amounts is bereby acknowledged by Agency. In
addition, at the time of execution of tbis lease, Tenant shall
deliver to Agency a promissory note payable to tbe order of
Agency, in the amount of $600,000, bearing interest at tbe rate
of ten) percent per annum (10\), payable as follows: monthly
payments, payable on or before tbe last day of each month, during
the first twelve, sufficient to pay $100,000 on principal, plus
all accrued interest I receipt of all payments due during 1985 is
acknowledged by AgencYI during the second lease year, commencing
on or before tbe 28th day of January, 1986, Tenant shall pay the
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monthly sum of $12,958.25, such sum to continue through the 28th
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day of December, 1986; thereafter, commencing on or before the
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3 28th day of January, 1987, and continuing until the entire
principal sum is paid in full, Tenant shall pay tbe monthly sum
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required to amortize the then outstanding balance of principal
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over two years, so that the final payment shall be due and will
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be paid in full as of December 28, 1988. The promissory note
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8 shall be secured by personal guarantees, in form satisfactory to
Agency, by the following persons and entities, who shall be
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jointly and severally liable thereon: L.S. Hawley Corp., a
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11 California Corporation; L. David Hawley and Betty J. Hawley,
12 husband and wife; James E. Hawley and Patricia Hawley, husband
13 and wife; David A. Hartley and Barbara E. Hartley, husband and
14 wife; and Henry A. Bickler. In consideration thereof, Agency
15 hereby agrees to bold Tenant entirely free and barmless of all
16 existing debt.-
17 SECTION 2. To give full effect to the foregoing change,
18 Tenant shall present to Agency a revised promissory note, in form
19 approved by Agency Counsel, to carry out the terms specified in
20 the amended Section 9. The revised promissory note sball be in
21 the amount of $500,000, being the principal amount outstanding as
22 of December 28, 1985, and shall bear interest from that date.
23 Upon presentation to the Agency of such revised promissory note,
24 duly executed in form approved by Agency Counsel, Agency shall
25 return to Tenant the original promissory note beretofore executed
26 by Tenant under the provisions of the original lease.
27 SECTION 3. In all other respects, the lease sball remain if
28 full force and effect.
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IN WITNESS WHEREOF, the parties have executed this agreement
effective as of the first day of January, 1986.
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3 REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
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5 By
6 EVLYN WILCOX, Chairman
7 ATTEST:
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9 By
GLENDA SAUL, Secretary
10 Approved as to form:
SBANDIN BILLS GOLF CLUB,
A California Corporation
By
President
By
Secretary
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11 AGENCY COUNSEL
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