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HomeMy WebLinkAboutS07-Public Works - .. ~., .CIT~ OF SAN BERN~DINO - REQUEST FAA COUNCIL ACTION .. , Date: July 9. 1991 Subject: First Amendment to Lease: Modification of term in the Citv's Lease of the National Orange Show property - Fire Station No. 10. Southwest corner of Mill Street and Arrowhead Avenue from: ROGER G. HARDGRAVE. Director Dept: Public Works/Engineering Synopsis of Previous Council action: 10/19/64 Lease executed between National Orange Show and the Citv of San Bernardino. for that certain real property of the National Orange Show. located at the Southwest corner of Mill 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. 01/23/91 First Amendment to Lease executed by City. sent to National Orange Show Board. National Orange Show did not execute document. Recommended motion: 1. Adopt Resolution cc: Shauna Edwins, City Administrator Andrew Green, Finance Director James F. Penman, City Attorney Will Wright. Fire.Chief Contact person: Anne DeBolt Phone: 5328 Supporting data attached: Staff Report. Resolution. Map, Ward: 3 FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. DescriPtion) Finance: Council Notes: 75-0262 Agenda Item No. 5-7 -c;ITY. OF SAN BERN(jIDINO - REQUEST FOft COUNCIL ACTION . STAFF REPORT The Citv of San Bernardino executed a 25 vear lease for the property at the Southwest corner of Mill Street and Arrowhead Avenue from the National Orange Show. October 19, 1964. At the expiration of this 25 vear Lease the National Orange Show informed the City that they were reluctant to commit to another long term lease as thev 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 Mavor and City Clerk executed a one-year amendment to Lease January 23. 1991. Staff contacted Mr. Ronald G. Skipper, the National Orange Show's attorney, regarding the extension of the term of the lease in February, 1991. Mr. Skipper notified Staff in March that the National Orange Show Board did not want to sign any lease extension until after the Orange Show, however, the National Orange Show Board stated that the fire station could remain on a month- to-month basis until a decision had been made. The Development Department is in the process of negotiating an agreement with the Orange Show and one of the items agreed upon is that the fire station lease will be amended to a term of 25 years. Therefore, Staff has prepared the enclosed First Amendment to Lease for execution bv the Mayor and City Clerk. Staff recommends that the Resolution Authorizing the Execution of the First Amendment to Lease be adopted. URGENCY CLAUS~: This executed First Amendment to Lease needs to be sent to the National Orange Show Board along with the agreement being prepared by the Development Department for various improvements along Arrowhead Avenue. 07/09/91 2 75-0264 , . . . " l!! ~ , I'; ZOO' ~---' :.: .' - ~:'.: , .. ;.~ -.- ..- ..; I , , ~, ~4 j/ii .. -MUd: ~ f::. I .. . I ~or::,~ --..::'~c, ,~ -"'. ,.'" ~:. '~ ..... . ~. ....;; ... i ~ ., I ." e. I oS ,. 'tl~\~i ~ tl .~ ~ Q c'" .... "'".... ..' 1&1 ;:; - ... >- -,;-- _.~.- ~ :;?; - j' -.- , 'D "" ill1:l/J - ~ ,..1-'" ~,,~ \,,~ c:: I !l'!) 't~ ~. i I I I , ~ I ,- - --$T.--- , .., I I . : LEASED PROPER I oTO THE CITY OF ----- '!i-______ ~\,'*-~,~. SAN BERNARDINO 1-1 ,\1. ..,,,~ d.. L.~c:Ui"'~~ ~y ,.,. .... I ..,. ...~t... ...* ~~. ..:-i"~ ';';;:",' :~F.i';" "--. 7-09-91 \'6' "'\ 1-- "" -1 I ~') ,,' , ~ III :z: ! CII: a: ~ .~ (SPERANZA st "4. . 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 07/U9/91 o o RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECu,ION 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 l~E SOUTHWEST CORNER OF MILL STREET AND ARROWHEAD AVENUE, IN SAN BERNARDINO. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION The Mavor of the Citv of San Bernardino is 1. hereby 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 Citv 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 bv 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. / / / / / / / / / / / / / / / / / / / / / / 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 07/09/90 .rtL0VL'v 1 J..V:'l t'\U 111 K.lL.:'I r... \...V J.. l 1 1 AT THE SOUTHWEST CORNER OF o MILL STREET AND ARROWHEAD AVENUE ....) (,'" 1; 0> I HEREBY CERTIFY that the fore~oin~ resolution was duly adopted bv the Mayor and Common Council of the City of San Bernardino at a meetin~ thereof held on the , 1991, by the following vote. to-wit: COUNCIL MEMB_ERS: ESTRADA AYES. NAYS REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk The fore~oin~ resolution is herebv approved this , 1991. W. R. Holcomb, Mayor City of San Bernardino Approved as to form and le~al content: James F. Penman Citv Attorney By: 2 day of ABSTAIN --- dav of . 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 07/09/91 o o FIRST AMENDMENT TO LEASE THIS FIRST AMENDMENT TO LEASE is made and entered into this day of , 19 , bv 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". WIT N E SSE T H ----~---- WHEREAS, the parties hereto executed a lease dated December 20, 1989, for the use of that certain property frontin~ on Mill Street and Arrowhead Avenue in San Bernardino for the purpose of operating a Citv Fire Station (Fire Station No. 10); and WHEREAS. the parties hereto desire to amend said lease to modify the term as contained therein: NOW, THEREFORE, it is mutually agreed between the parties as follows: 1. Section 2 of that lease between the parties hereto dated December 20, 1989, is hereby amended to read as follows: SECTION TERM: The term of this Lease shall be 2. extended for a period of twenty-five (25) years, beginnin~ October 19, 1990, and ending October 18, 2015. 2. All other terms, conditions and covenants of said lease shall remain the same and be in full force and effect. / I / / I I I / / / / / 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 07/09/91 r ..l..J(..) 1 r\!'l..t.;'tV 1 " " 1 : . o o IN WITNESS WHEREOF. the parties hereto have executed this Second Amendment to Lease on the date first hereinabove written. LESSOR: NATIONAL ORANGE SHOW DATED: Bv: LESSEE: CITY OF SAN BERNARDINO DATED: By:_____________________________________ W. R. HOLCOMB. Mayor ATTEST: City Clerk Approved as to form and legal content James F. Penman Ci ty Attorney ~~~--------- 2 . 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 07/09/91 o o FIRST AMENDMENT TO LEASE 'rRIS FIRST AMENDMENT TO LEASE is made and entered into this day of . 19 bv 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". WIT N E SSE T H WHEREAS. the parties hereto executed a lease dated December 20, 19B9. for the use of that certain property fronting on Mill Street and Arrowhead Avenue in San Bernardino for the purpose of operating a City Fire Station (Fire Station No. 10); and WHEREAS. the parties hereto desire to amend said lease to modify the term as contained therein; NOW. THEREFORE. it is mutually agreed between the parties as follows: 1. Section 2 of that lease between the parties hereto dated December 20. 19B9. is hereby amended to read as follows: SECTION 2. l~RM: The term of this Lease shall be extended for a period of twenty-five (25) years. be~inning October 19. 1990. and ending October lB. 2015. 2. All other terms, conditions and covenants of said lease shall remain the same and be in full force and effect. I / / I I I / I I I / / 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 07/09/91 v, 1 , , . , o o IN WITNESS WHEREOF. the parties hereto have executed this Second Amendment to Lease on the date first hereinabove written. LESSOR: NATIONAL ORANGE SHOW DATED: Bv: LESSEE: CITY OF SAN BERNARDINO DATED: By: W. R. HOLCOMB. Mayor ATTEST: City Clerk A~~roved as to form and le~al content James F. Penman City Attorney 2 , 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 07/09/91 o o fIRST AMENDMENT TO LEASE THIS FIRST AMENDMENT TO LEASE is made and entered into this day of , 19_, by and between the NATIONAL ORANGE SHOW, hereinafter referred to as "Lessor" and the CITY OF SAN B~ARDINO, a municipal corporation, hereinafter referred to as "Lessee". WIT N E SSE T H WHEREAS. the parties hereto executed a lease dated December 20, 1989, for the use of that certain property fronting on Hill Street and Arrowhead Avenue in San Bernardino for the purpose of operating a Citv Fire Station (Fire Station No. 10); and WHEREAS, the parties hereto desire to amend said lease to modify the term as contained therein; NOW. THEREFORE, it is mutually agreed between the parties as follows: 1. Section 2 of that lease between the parties hereto dated December 20. 1989, is hereby amended to read as follows: SECTION 2. ~~: The term of this Lease shall be extended for a period of twenty-five (25) years, beginning October 19, 1990, and ending October 18, 2015. 2. All other terms. conditions and covenants of said lease shall remain the same and be in full force and effect. / I / / I I I / I I I / EXHIBIT "A" I n'7/()n In, FIRST AMENDMENT TO ORANGE SHOW FIRE STATION LEASE (FIRE STATION NO. 10) o lO 1 2 3 4 5 6 7 8 9 10 11 IN WITNESS WHEREOF. the parties hereto have executed this Second Amendment to Lease on the date first hereinabove written. LESSOR: NATIONAL ORANGE SHOW DATED: By: LESSEE: CITY OF SAN BERNARDINO 12 DATED: 13 By: W. R. HOLCOMB. Mayor 14 ATTEST: 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City Clerk Approved as to form and legal content James F. Penman City Attorney By: ?