HomeMy WebLinkAbout47-Public Works
CI;'Y OF SAN BER.-.ARDINcJ1EQUEST rOR C~~~~1~5';~~ION
EECT:. - AD;~\~L Off.
From: ROGER G. HARDGRAVE, Director Subject:
Dept: Public Works/Engineering
[,33 AFR I 7
":'.?
Second Amendment to Lease: The United
States of America (Army Reserve).
modification of the legal description in
the lease of City owned property: 296 E.
Third Street
,_, ,.,..,....i
Date: April 10, 1990
Synopsis of Previous Council action:
02/18/52
Lease executed between City
of America (Army Reserve).
at 296 East Third Street.
06/30/2002.
of San Bernardino and the United States
for that certain real property located
for a term of fifty (50) years ending
04/01/59
First Amendment to Lease adopted deleting 1.97 acres of land from
legal description.
Recommended motion:
1. Adopt Resolution
cc: Marshall Julian, City Administrator
Jim Richardson, Deputy City Administrator
James Penman. City Attorney
Anne DeBolt
5328
Phone:
1
Ward:
None
FUNDING REOUIREMENTS:
Amount:
Source: IAcct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
04/10/90
^n.on~"" 1+0...... 1\1"
47
. "
CITY OF SAN BERhARDINO - REQUEST h)R COUNCIL ACTION
STAFF REPORT
The City of San Bernardino is widening Waterman Avenue from Mill Street to 5th
Street (Waterman Rehab from Mill Street to 5th Street), The street widening
project necessitates the altering of the legal description for the United States
of America (Army Reserve) lease by deleting the East 7.75 feet of the leased
property, which will be used for street purposes.
Mr. Elliott, the Facilities Manager for the Army Reserve and David Karst, the
Building Engineer, met with staff in order to inspect the area affected (see
enclosed letter). The following recommendations and/or requests were made:
1. When the chain-link perimeter fence (topped with barbed wire) is
replaced on the Waterman Avenue side, it should be run from the North boundary of
the property to the South boundary, rather than be attached to the North and
South sides of the mechanic shop.
2. Mr. Karst sent a sprinkler lay-out for the lawn area
mechanic shop building so efforts can be made to avoid damage. He
some changes may have to be made in the location of some sprinkler
South of
is aware
heads.
the
that
3. The Army will be responsible for the relocating of the paint locker
which currently is just South of the East driveway into the mechanic shop area.
Both Mr. Elliott and Hr. Karst were extremely cooperative and have made every
effort to accommodate the City regarding this project.
As the conditions are not unreasonable, Staff recommends that the Resolution be
adopted.
04/10/90
2
75-0264
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=----
DEPARTMENT OF THE ARMY
Ut ED STATES ARMY RESERVE CI r:R
ATTN: FACILITY MANAGER
296 EAST THIRD STREET
SAN BERNARDINO. CALIFORNIA 92410-4898
C':~!~;!I~Lu~,:;?_~: .<
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REPLY .0
A,1'TENrlON OF
February 2J!, 1990
is'Sa FED'6 '-~I " .,r
'" j; I.: ,;,
Mr. Elliott (Facility Manager)
CITY OF SAN BERNARDINO
PUBLIC WORKS/ENGINEERING
300 NORTH "D" STREET
SAN BERNARDINO, CA. 92418
Dear Sirs,
This letter is to confirm that Ms. Anne Debolt met with me and the Facility
Engineer of this Reserve Center for the purpose of inspecting this Center's
East boundary line prepatory to the City's plans to widen Waterman Avenue.
Topics of concern discussed with Ms. Debolt included the following items:
a. The chain link fence topped with barbed wire should not be con-
nected to the building, but instead run from the south boundary
to the north boundary. Connecting the fence line directly to
the building would weaken the security for the mechanic shop.
b. The Shop Supervisor will be responsible for relocating the paint
locker away from the fence line so it will not interfere with the
City's construction personnel.
I have notified the Engineering Department (63rd ARCOM) at Los Alamitos, Ca.,
of the City's Waterman Avenue project. It is my intent to provide full support
to assist the City of San Bernardino with this project. If you have any questions
I may be reached Monday through Friday, by dialing (714) 88~-6501 or 6502. My
office hours are from 7:30 until 4:15. If an emergency arrises after duty hours,
I may be reached at home by dialing (714) 884-5147.
Sincerely,
Reserve Center
4-10-90
10
11
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22
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A SECOND AMENDMENT TO LEASE WITH THE UNITED STATES
3 OF AMERICA (ARMY RESERVE) PERTAINING TO A MODIFICATION OF THE
LEGAL DESCRIPTION IN THE LEASE OF CITY OWNED PROPERTY SITUATED AT
4 296 E. THIRD STREET, IN THE CITY OF SAN BERNARDINO.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
6
SECTION 1.
The Mayor of the City of San Bernardino is
7
hereby authorized and directed to execute on behalf of said City,
8
a Second Amendment to Lease with the United States of America
9
(Army Reserve) pertaining to a modification of the legal
description in the Lease of City owned property located at 296
East Third Street, a copy of which is attached hereto, marked
Exhibit "A" and incorporated herein by reference as fully as
though s~t forth at length.
SECTION 2.
The authorization to execute the above-
referenced Amendment to Lease is rescinded if the parties to the
Amendment to Lease fail to execute it within one hundred twenty
(120) days of the passage of this resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
day of
, 1990, by the following vot~, to wit:
23
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
24
25
26
27
28
JFP:br[Army.Res]
May 1, 1990
1
1 RESOLUTION: AUTHORIZING EXECUTION OF SECOND AMENDMENT TO LEASE
2
3
Council Members:
AYES
NAYS
ABSTAIN
4 ESTRADA
5 REILLY
6 FLORES
7 MAUDSLEY
8 MINOR
9 POPE-LUDLAM
10 MILLER
11
12
City Clerk
13
The foregoing resolution is hereby approved this
day
14
of
, 1990.
15
W. R. HOLCOMB, Mayor
16 City of San Bernardino
17 Approved as to
form and legal content:
18
JAMES F. PENMAN,
19 City Attorney
20 ~
21
22
23
24
25
2.6
27
28
JFP:br[Army.Res]
May 1, 1990
2
04/10/90
1
2
3
SECOND AMENDHENT TO LEASE
THIS SECOND AMENDMENT TO LEASE is made and entered into this
day of
, 1990, by and between the CITY OF SAN
4 BERNARDINO, a municipal corporation, hereinafter referred to as "Lessor",
5 and THE UNITED STATES OF AHERICA, hereinafter referred to as "Lessee".
6
7 WIT N E SSE T H
8
WHEREAS, the parties hereto executed a lease dated February 18,
9 1952 for the use of certain City owned premises for an Army Reserves
10 Headquarters; and
11 WHEREAS, the parties hereto executed a First Amendment to Lease
12 dated April 1, 1959, modifying the description of the real property as
13 contained therein; and
14
15
16
17
18
19
20
WHEREAS, the parties hereto desire to amend said lease to further
modify the description of the real property as contained therein,
NOW, THEREFORE, it is mutually agreed between the parties as
follows:
1. Section One of that modified lease between the parties
hereto dated April 1, 1959, is hereby amended to read as follows:
SECTION ONE: That the City of San Bernardino enter into and
21 execute a lease with the United States of America (Army Reserve) for the
22
23
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25
26
27
28
following described property:
That portion of Lots 10 to 18, inclusive, South of the
South bank of Warm Creek, and Lots 19 to 27, inclusive,
all in Block "D", Wozencraft Place, in the City of San
Bernardino, California, excepting therefrom the East
7.75 feet thereof.
upon the terms and conditions set forth in said Lease, and the Mayor of said
City is hereby authorized to execute said lease on behalf of the City of San
Bernardino.
EXHIBIT "A"
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
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22
23
24
25
26
27
28
04/10/90
~~~u~u fu~lli~uMLN! !U Itlb u~~lLU ~lAIL~ vr ~'lliK1LA ~AN'll rtL~LrtWL) LLA0L
2. All other terms, conditions and covenants of said lease
shall remain the same and be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second
Amendment to Lease on the date first hereinabove written.
CITY OF SAN BERNARDINO
By:
W. k. Holcomb, Mayor
ATTEST:
City Clerk
THE UNITED STATES OF AMERICA
By:
Approved as to form
and legal content
James F. Penman
City Attorney
By~t~
2