HomeMy WebLinkAbout33-Public Works
C~y OF SAN BERNAR&Jf REQU'~;' NF~~t~~UNCIL AC~ON
.om:
Dept:
ROGER G. HARDGRAVE, Direct'ifEC'D.-f,D"" rs~6iect:
Public WorksjEngineering -'." ,,~" .'~ d' " r'1
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Resolution authorizing and
directing the execution of a
lease agreement with the
National Orange Show.
November 29, 1989
Date:
Synopsis of Previous Council action:
10/19/64 --- Resolution No. 7393 adopted. authorizing the execution of a lease
with the National orange Show for a Fire Station.
Recommended motion:
.
ADOPT RESOLUTION
cc:
t!J
Marshall Julian, City Administrator
Jim Richardson, Deputy City Administratnr,m.."..lnpm..n+
Richard A. Moon, fire Chief
James Penman, City Attorney
d4/
.~~
Signature ,
Les Fogassy
5334
Contact person:
Phone:
Supporting data attached:
Staff Report. Map
Ward:
3
FUNDING REQUIREMENTS:
Amount:
NONE
.,,',
Source: IAcct. No.)
N/A
(Acct. DescriPtion)
Finance:
.ouncil Notes:
.,0.,,(\:'6::'
Agenda Item No. :33
~y OF SAN BEANAAAtO - AEQUIsT FOA COUNCIL Ac4IoN
STAFF REPORT
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On October 19, 1964, the City entered into a lease agreement for a portion of the
property located at the Southwest corner of Arrowhead Avenue and Mill Street,.
with the National Orange Show, for the construction, maintenance and operation of
a City Fire Station.
The term of that lease was for 25 years, and terminates on October 19, 1989. The
Fire Department was contacted, and they had indicated a continued need for a fire
station at that location.
The National Orange Show was contacted for the negotiating of a new lease, and the
indication was made that at this time, they were not willing to enter into a long
term lease, but are only willing to go on a year to year basis.
The attached resolution authorizes and directs the execution of a new lease,
which is for a one year term.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A SECOND AMENDMENT TO THE LEASE AGREEMENT WITH THE
NATIONAL ORANGE SHOW FOR THE LEASING OF CERTAIN REAL PROPERTY
LOCATED ON THE SOUTHWEST CORNER OF MILL STREET AND ARROWHEAD
AVENUE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor is hereby authorized and directed to
execute on behalf of said City a Second Amendment to the Lease
Agreement with the National Orange Show for the leasing of
certain real property located at the Southwest corner of Mill
Street and Arrowhead Avenue, a copy of said agreement is attached
hereto, marked Exhibit "A", and incorporated herein by reference
as fully as though set forth at length.
SECTION 2.
The authorization to execute the above-
referenced agreement is rescinded if the parties to the
agreement fail to execute it within sixty (60) 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 , 1989, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
23 REILLY
FLORES
24 MAUDSLEY
MINOR
25 POPE-LUDLAM
MILLER
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City Clerk
PZ/dys
December 11, 1989
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RESOLUTION...AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO
THE LEASE AGREEMENT WITH THE NATIONAL ORANGE SHOW FOR THE LEASING
OF CERTAIN REAL PROPERTY LOCATED ON THE SOUTHWEST CORNER OF MILL
STREET AND ARROWHEAD AVENUE.
The foregoing resolution is hereby approved this
day
of
, 1989.
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
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PZ/dys
December 11, 1989
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LEASE AGIlEEKENT
This lease is made as of this
day of
19_____, by and between the NATIONAL ORANGE SHOW, hereinafter referred to as
"Lessor". and the CITY OF SAN BERNARDINO, a municipal
corporation,
hereinafter referred to as "Lessee".
WHEREAS, Lessor is the owner of the property described herein; and
WHEREAS, Lessee is currently leasing property from the Lessor for
the purpose of operating a City Fire Station (Fire Station No. 10); and
WHEREAS, current lease expires on the 18th day of October, 1989;
and
WHEREAS, Lessee desires to continue to lease property from Lessor
for the continued operation of said City Fire Station; and
WHEREAS, it is in the public interest that the parties hereto
enter into the following agreement upon the terms and conditions hereinafter
set forth.
NOW, THEREFORE, the parties hereby agree as follows:
SECTION 1. For consideration of one dollar ($1.00), receipt of
which is hereby acknowledged, Lessor hereby leases unto Lessee, all that
portion of Lessor's property located at the Southwest corner of Mill Street
and Arrowhead Avenue, City of San Bernardino, County of San Bernardino,
State of California, more particularly described as follows:
That portion of Lot 1.,)~lock 30, Rancho San Bernardino,
as per plat thereof recorded in Book 7 of Maps, Page 2,
Records of the County Recorder of said County, described
as follows:
Beginning at the intersection of the South line of Mill
Street, 82.50 feet wide, and the West line of Arrowhead
Avenue, 82.50 feet wide, as said streets are delineated
on said Map; thence, West along said South line of Mill
Street. a distance of 200.00 feet; thence South, along a
line that is parallel with said West line of Arrowhead
Avenue, a distance of 150.00 feet; thence East, along a
11-29-89
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line that is parallel with said South line of ,Mill
Street, a distance of 200.00 feet to said West line of
Arrowhead Avenue; thence North, along said West line of
Arrowhead Avenue, a distance of 150.00 feet to the point
of beginning.
4 as shown on Exhibit "A", attached hereto and incorporated herein. The lease
5 shall be for land only, as described above, and any and all structures and
6 appurtenances constructed, or having been caused to be constructed by
7 Lessee, shall remain the sole property of Lessee.
8 SECTION 2. The term of this lease shall be for a period of one (1)
9 year, commencing on the 19th day of October, 1989 and terminating on the
10 18th day of October, 1990.
11 SECTION 3. Said premises shall be used solely for the maintenance
12 and operation of a City Fire Station.
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SECTION 4. Lessee shall pay for all water, fuel, gas, oil, heat,
15 about said leased premises during the term of this lease and to hold Lessor
electricity, power, materials and services which may furnished or used in or
16 harmless from the payment of same.
17 SECTION 5. In the event of the destruction or partial destruction
18 of any of the demised premises by sudden casualty or calamity which is not
19 the result of negligence or misconduct of the Lessee, Lessee shall not be
20 required to repair or renovate the demised premises but may, at its option,
21 within 180 days thereof, either repair or abandon the same. if Lessee elects
22 to abandon the demised premises, Lessee at is own cost and expense will
23 remove the remaining structures 'by it on said premises and all trash and
24 debris, and quit and surrender possession of said leased premises in a neat,
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clean and orderly condition, and thereafter shall have no further obligation
under the terms of this lease by way of payment of damages or by way of
specific performance at the law or in equity, or otherwise be required to
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comply with or fulfill any of the terms or conditions thereof.
When, under the authority of this Section, the building on said
3 premises is not in whole or part destroyed, torn down, replaced or removed
by Lessee, the title to the salvage thereon shall immediately vest in Lessee
and the proceeds from the sale of any such salvage shall belong to to the
Lessee, and Lessee will at its own cost and expense remove all remaining
structures installed by it on said premises and all trash and debris, and
quit and surrender possession of said leased premises in a neat, clean and
orderly condition.
SECTION 6.
This lease may be terminated by Lessee by giving
notice to Lessor of its intention to terminate said lease at least thirty
(30) days prior to the date of such termination.
SECTION 7. All notices herein required shall be in writing and
delivered in person or sent by certified mail, postage prepaid, addressed as
follows:
LESSOR:
LESSEE:
NATIONAL ORANGE SHOW
P.O. BOX 29
SAN BERNARDINO, CA
CITY OF SAN BERNARDINO
REAL PROPERTY SECTION
300 N. "n" STREET
SAN BERNARDINO, CA 92418
SECTION 8. Incorporation of Prior Agreements and Amendments. This
Agreement contains all agreements of the parties with respect to any matter
mentioned herein. No prior agreement or understanding pertaining to any such
matter shall be effective except:~s otherwise incorporated herein. This
agreement may be modified in writing only, signed by the parties in interest
at the time of the modification. This agreement shall not be construed as
requiring the City to make any expenditure, other than as specifically set
forth herein.
SECTION 9. This agreement shall be binding upon and inure to the
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benefit of each of the parties and their respective legal representatives,
successors. heirs and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the date first above written.
8 DATED
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13 ATTEST:
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City Clerk
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Approved as to form and legal content:
JAMES F. PENMAN.
City Attorney
By: nIL""",.., -;2.
iJ
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11-29-89
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LESSOR: NATIONAL ORANGE SHOW
By:
LESSEE: CITY OF SAN BERNARDINO
By:
W.R. HOLCOMB. Mayor