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C11<;O'- SAN BERNARDI to -
REQUE~ FOR COUNCIL ACT~N
From: ROGER G. HARDGRAVE. Director
Su~ect: First Aaendment to Lease: Modification
of term in the City's Lease of the
National Orange Show property - Fire
Station No. 10. Southwest corner of Kill
Street and Arrowhead Avenue
Dept: Public Works/Engineering
Date: December 20. 1990
Synopsis of Previous Council action:
10/19/64 Lease executed between National Orange Show and the City of San
Bernardino. for that certain real property of the National Orange
Show. located at the Southwest corner of Hill Street and Arrowhead
Avenue. for a term of twenty-five (25) years. with no rent payment.
12/20/89 --- Lease re-written for a term of one (1) year. and a yearly rental
fee of $1.00.
Recommended motion:
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Adopt Resolution
cc: Shauna Edwins. City Administrator
Andrew Green. Finance Director
James F. Penman. City Attorney
Will Wright. Fire Chief
CA KJ(/~
Anne DeBolt
5328
Contact person:
Phone:
Supporting data attached:
Staff Report. Resolution. Hap.
3
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No,)
(Acct. DescriPtion)
Finance:
Council Notes:
12/20/ClO
75-0262
Agenda Item No.
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CITCtOF SAN BERNARDIIO - REQUEQ FOR COUNCIL ACON
STAFF REPPRT
The City of San Bernardino leased the property at the Southwest corner of Mill
Street and Arrowhead Avenue from the National Orange Show, October 19, 1964..
At the expiration of the 25 year Lease the National Orange Show info~ed the City
that they were reluctant to commit to another long term lease as they have plans
to develop a satellite wagering facility at that corner. They gave the City a
one-year term Lease in October, 1989, which has now expired. The Fire Station
building belongs to the City, however, it would be cost prohibitive to relocate.
Staff has contacted Mr. Ronald G. Skipper, the National Orange Show's attorney,
regarding the extension of the term of the lease. Mr. Skipper has not indicated
what the Board's decision may be.
Therefore, Staff has prepared the enclosed First Amendment to Lease for execution
by the Mayor and City Clerk. Upon execution it will be sent to Mr. Skipper for
the National Orange Show's decision.
Staft reco~ends that the Resolution Authorizing the Execution of the First
Amendment to Lease be adopted.
12/20/90
2
75-0264
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I LEASED PROPER
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12/20/90
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTIlORIZING THE EXECUTION
OF A FIRST AMENDMENT TO LEASE WITH THE NATIONAL ORANGE SHOW. LESSOR.
PERTAINING TO A MODIFICATION OF THE TERM IN A LEASE OF PROPERTY TO THE CITY.
AND SITUATED AT THE SOUTHWEST CORNER OF MILL STREET AND ARROWHEAD AVENUE. IN
SAN BERNARDINO.
BE IT RESOLVED BY THE MAYOR AND COHHON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION
1.
The Mayor of the City of San Bernardino is
hereQy authorized and directed to execute on behalf of said City, a First
Amendment to Lease with the National Orange Show, pertaining to a modifi-
cation of the term in the lease of the National Orange Show's property to
the City of San Bernardino. located at the Southwest corner of Mill Street
and Arrowhead Avenue. a copy of which 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
Amendment to Lease is rescinded if the parties to the Amendment to Lease
fail to execute it within ninety (90) days of the passage of this
resolution.
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12/20/90
RESOLUTION AUTHORIZING EXECUTION OF FIRST AMENDMENT TO LEASE:
AT THE SOlITHWEST CORNEtlF MILL STREET ~OWHEAD AVENUE
FIRE STATION
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and Co..on Council of the City of San Bernardino at a
meeting thereof held on the
day
of
, 19_____, by the following vote, to-wit:
COUNCIL MEMBERS:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day of
. 19_____
W. R. Holcomb. Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman
City Attorney
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1 FIRST AMENDMENT TO LEASE
2 THIS FIRST AMENDMENT TO LEASE is made and entered into this
3 day of , 19_, by and between the NATIONAL ORANGE
4 SHOW, hereinafter referred to as "Lessor" and the CITY OF SAN BERNARDINO, a
5 municipal corporation, hereinafter referred to as "Lessee".
6
7 WIT N E SSE T H
8 WHEREAS, the parties hereto executed a' lease dated December 20,
9 1989, for the use of that certain property fronting on Mill Street and
10 Arrowhead Avenue in San Bernardino for the purpose of operating a City Fire
11 Station (Fire Station No. 10); and
12 WHEREAS, the parties hereto desire to amend said lease to modify
13 the tel'll as contained therein;
14 NOW, THEREFORE, it is mutually agreed between' the parties as
15 follows:
16 1. Section 2 of that lease between the parties hereto dated
17 December 20, 1989, is hereby amended to read as follows:
18 SECTION 2. TERM: The term of this Lease shall be
19 extended for a period of one (1) year, beginning October 19, 1990, and
20 ending October 18, 1991.
21 2. All other terms, conditions and covenants of said lease
22 shall remain the same and be in full force and effect.
23 II
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12/20/90 1
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12/20/90
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IN WITNESS WHEREOF, the parties hereto have executed this Second
Amendment to Lease on the date first hereinabove written.
DATED:
LESSOR: NATIONAL ORANGE SHOW
By:
DATED:
LESSEE: CITY OF SAN BERNARDINO
By:
W. R. HOLCOMB, Mayor
ATIEST:
City Clerk
Approved as to fo~
and legal content
JllJaes F. Penman
City Attorney
,
By: <k.
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LEASE A...II'.......ar
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Aic~
This lease is Mde as of this 2tJtL
day of
19~. by and between the NATIONAL ORANGE SHOW. hereinafter referred to as
"Lessor" , and the CITY OF SAN BERNARDINO. a lIIUIlicipal corporation,
hereinafter referred to as "Lessee".
WHEREAS. Lessor is the owner of the property described herein; and
WHEREAS, Lessee is currently leasing property fro. 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 fro. 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 agrenent upon the teru and conditiQIIS hereiuafter
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 Kill Street
and Arrowhead Avenue. City of San Beruardino. County of San Bernardino.
State of California. aore particularly described as follows:
That portion of Lot 1. Block 30. Rancho San Bernardino.
as per plat thereof recorded in Book 7 of Kaps. Page 2.
Records of the County Recorder of said County, described
as follows:
11-29-89
Beginning at the intersection of the South line of Kill
Street, 82.50 feet wide. and the West line of Arrowhead
Avenue. 82.50 feet wide. as said streets are delineated
on said Kap; thence. West along said South line of Kill
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
EXHIBIT "A"
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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.
as shown on Exhibit "A", attached hereto and incorporated herein. The lease
shall be for land only, as described above, and any and all structures and
appurtenances constructed, or having been caused to be constructed by
Lessee, shall remain the sole property of Lessee.
SECTION 2. The term of this lease shall be for a period of one (1)
9 year, co..encing 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.
13 SECTION 4. Lessee shall pay for all water, fuel, gas, oil, heat,
14 electricity, power, materials and services which may furnished or used in or
15 about said leased premises during the term of this lease and to hold Lessor
16 harmless from the payJIent of sue.
17 SECTION 5. In the event of the destruction or partial destruction
18 of any of the demised premises by sudden casualty or caluity 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 reaaining structures by it on said premises and all trash and
24 debris, and quit and surrender possession of said leased premises in a neat,
25 clean and orderly condition, and thereafter shall have no further obligation
26 under the terms of this lease by way of payment of daaages or by way of
27 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
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
and Lessee will at its own cost and expense remove a~ remaining
Lessee,
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
11 notice to Lessor of its intention to terminate said lease at least thirty
12 (30) days prior to the date of such termination.
13 SECTION 7. All notices herein required shall be in writing and
14 delivered in person or sent by certified mail, postage prepaid, addressed as
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follows:
LESSOR:
LESSEE :
CITY OF SAN BERNARDINO
REAL PROPERTY SECTION
300 N. "D" STREET
SAN BERNARDINO, CA 92418
NATIONAL ORANGE SHOW
P.O. BOX 29
SAN BERNARDINO, CA
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 as otherwise incorporated herein. This
agreement DY 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
agreement on the date first above written.
DATED
f-tf-'1D
DATED : ",:Ji&;I.M:... ".y
ATIEST:
..#fZ?&'#/:?/ C,.;:~ 0
City Clerk
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Approved as to for'll and legal content:
JAKES F. PENMAN.
City littorney
By: ~ J.. 1':::'-"1/'/Y'\~
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hereto have executed this