HomeMy WebLinkAbout28- Water Department CITY OF SAN BERN - RDINO - REQUEST F R COUNCIL ACTION
From: Cheryl Flowers Subject: Fourth Amendment to Lease
Assistant General Manager between City of San Bernardino
Dept: Water Department and J.G. Golfing Enterprise, Inc.
Date: February 2 , 1995
Synopsis of Previous Council action:
Third Amendment to Lease approved July 29, 1976
2 FEB 9`., .4 26
Recommended motion:
Adopt Resolution
i
Signature
Contact person: Cheryl Flowers Phone: 384-5393
Supporting data attached: Yes Ward: 3
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.) N/A
_1Acct. Description) N/A
Finance: N/A
Council Notes:
75-0262 Agenda Item No.
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CITY OF SAN BERN " RDINO - REQUEST FC-' COUNCIL ACTION
STAFF REPORT
In March of 1966, the City of San Bernardino executed a Use Lease
and Agreement with Harvey Head & Associates for development of an
18-hole public golf course on a portion of the property owned and
used by the City for its wastewater treatment plant. The Lease was
subsequently (April 20, 1991) assigned to new owners, J.G. Golfing
Enterprises, Inc. , dba San Bernardino Golf Course. In 1974,
operation of the treatment plant was turned over to the Water
Department by the City. The Lease remains with the City, however
rental payments are made to the sewer fund of the Water Department.
The third amendment (dated July 29, 1976) extended the term of the
original lease to expire March 1, 2012 . It also provided that the
City may terminate the Lease, or at its option, use a portion of
the property as required, upon eighteen months advance written
notice to the Lessee. Representatives of the golf course have
requested that the Board of Water Commissioners and the City of San
Bernardino consider agreeing to an amendment to the Lease which
would: 1) add 25 years to the current term, providing that a
minimum 18-hole golf course is in operation; and 2) remove the 18-
month notice for cancellation clause for a portion of the property
northwest of the Santa Ana River provided the cancellation clause
would be enforceable if other terms and conditions of the lease
were not adhered to.
I
Upon completion of the 1993 update to the Focused Facility Plan for
the Water Reclamation Plant, and construction of tertiary treatment
off-site (RIX project) , the need to expand the Water Reclamation
Plant onto a portion of the subject property is not in the
foreseeable future. It has also been determined that any future
expansion would likely occur in the western portion of the plant
site or to the east of the Santa Ana River. The southern most
portion of the plant site, where three holes of the golf course
currently exist, could therefore remain as a part of the course for
at least the requested extension to the year 2037.
The Board of Water Commissioners approved of this proposal on
November 15, 1994, and directed staff to prepare a Lease Amendment
and resolution for recommended approval by the Mayor and Common
Council of the City of San Bernardino.
RECOMMENDATION•
It is recommended that the Mayor and Common Council adopt a
Resolution amending the Lease Agreement between J.G. Golfing
Enterprises to remove the termination/occupancy clause for that
portion of the golf course which is currently used as holes 12, 17,
and portions of 13 and 16, as shown on Exhibit A, and surveyed by
John Carollo Engineers, and extend the term of the lease an
additional 25 years.
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