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HomeMy WebLinkAboutR03-Redevelopment Agency '" .-...... L 1 C 2 3 4 5 6 7 8 9 10 11 12 13 V- 14 "- 15 16 17 18 19 20 21 22 23 24 25 26 C 27 28 o t3~ Ie...~ D~C!-IA.rll~JZ~ .r:u nL .:#-:3 .6? a""Y f<f)f4 ~eu,- " o 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: R-3 c c 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 c c o ~ ~. \...,I 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 c: o :> o 1 monthly sum of $12,958.25, such sum to continue through the 28th ~. day of December, 1986, thereafter, commencing on or before the ,-,. 2 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 5 over two years, so that the final payment shall be due and will 6 be paid in full as of December 28, 1988. The promissory note 7 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, 8 9 10 11 12 13 t 14 15 16 17 18 19 20 r '- 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, 23 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 27 28 full force and effect. -2- c o :) o .IN WITNESS WHEREOF, the parties have executed this agreement 1 ,... \....- 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 4 5 By EVLYN WILCOX, Chairman By President 6 ATTEST: 7 8 By Secretary By 9 GLENDA SAUL, Secretary 10 Approved as to form: 11 AGENCY COUNSEL 12 13 By ~~~ 14 15 16 17 18 19 20 21 22 23 24 25 26 C 27 28 c -3- c .- '- II f3tU! Ie- t.<.fJ De?C!...tu7t~t::. .:r:u nf..., 4i-:3 ~.:; tLNlr t<lJt4 a ttJ~"'7tdA.- c o 1 2 3 4 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: c 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: c c c c o :) :> 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 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 c r-- '- t c -I o o ~ monthly sum of $12,958.25, such sum to continue through the 28th 1 day of December, 1986; thereafter, commencing on or before the 2 3 28th day of January, 1987, and continuing until the entire principal sum is paid in full, Tenant shall pay tbe monthly sum 4 required to amortize the then outstanding balance of principal 5 over two years, so that the final payment shall be due and will 6 be paid in full as of December 28, 1988. The promissory note 7 8 shall be secured by personal guarantees, in form satisfactory to Agency, by the following persons and entities, who shall be 9 jointly and severally liable thereon: L.S. Hawley Corp., a 10 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. -2- - c o o :) ,.,-. ~ 1 IN WITNESS WHEREOF, the parties have executed this agreement effective as of the first day of January, 1986. 2 3 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 4 5 By 6 EVLYN WILCOX, Chairman 7 ATTEST: 8 9 By GLENDA SAUL, Secretary 10 Approved as to form: SBANDIN BILLS GOLF CLUB, A California Corporation By President By Secretary c 11 AGENCY COUNSEL 12 13BY~~~ 14 15 16 17 18 19 20 21 22 23 24 25 26 C 27 28 -3-