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HomeMy WebLinkAbout26- Water Department CITY OF SAN BERN.' IDINO - REQUEST F_ R COUNCIL ACTION From: Cheryl Flowers Subject: Fourth Amendment to Lease Assistant General Manager between City of San Bernardino L Water- Department and J.G. Golfing Enterprise, Inc. February 2 , 1995 Date: Synopsis of Previous Council action: Third Amendment to Lease approved July 29, 1976 ;DMIF . ,^FFrCf',, (attached) FEB T .4 ! 26 Recommended motion: Adopt Resolution Signature Contact person: Cheryl Flowers Phone: 384-5393 Supporting data attached: Yes Ward: 3 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) N/A (Acct. Description) N/A Finance: N/A it Notes: 75-0262 Agenda Item No. CITY OF SAN BERN 1RDINO - REQUEST FC''v 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. 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. \\\\\\ \\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\ \\IN\\\\\\\\\\ \\\\ W O= \\\\\\\\\\\\\\\\\\\\\\\\\ ~ \\\\\\\\\\\\\\\\\\\\\\\\\\•\\\\ (n Ie1;<S \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ n 61\\\\ Z w _ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ w Q F \\\\\\\\\\\\\\\\\\\\\\\\\\\\♦ O E ; O W uF \ \\\\\\\\\\\\\\\\\\\\\\ x a w W p,a a s o .\\\\\\. \\ \\\\\\\\\\\\\\♦♦ a mz \\\\♦\\\\\\♦\\\\ �\\\\\\ °ooe \ \\\\\♦ ppo ..\•.\\\\.\\\Vwo. \\\\\\ \\\\\\\\\\\♦\\\\ ♦\\\\♦\ o°e co \\\\\♦\\\\\\\\\\ ♦\\\\\ o <— ,\\\\♦\\\\\\\♦ oc \\\\\\.♦\\\\♦ a°eye Q U Q \\\\\\\I\\" II I °o°o°. O Z \\\\♦\\\\./ I� O \, / , 00eooc rho 000000 `.J ..\\ 00000. �• \ \\\\\ 000000 ° P 0 0-0-0000000000- .\\.♦♦ \\\\♦ p°p°pep°p °p° e a°e°°°e°e°e°e°e°e°e°e° p° 0000000000000 °o°o°o°o°o°e°e°o°o°o°o°o°o°o°o°o°o°o°o°o° •\\`\\\\\\\\ .\\\♦\\.\\♦ ooe00000000 oeo°o°o°ope0e o 0 0 0°p°0+ oh°d6 �o 000000000000 .\\\\\♦\\\\ ��—� �� o0 000 0 0 � oeo4P�8° \\\\\\\\\\ I •pe og3°8�o o e°°o o e •••\\\\\\\\\\\\\\\\\\\\\♦\ I _ _ o°o°o°o e°°o e e°°o e°o°o o oo e°o oo°o o°°°oo o°:0w000. ��° L0 \\\\ e°o° 0? co •\\\\\\\\\\ 0000000e000°0000 e°e°e°a°0°a°°°e°°°°°°°e°o°o°e°o�� •\\ \\\\\\ o0000000e00000eo •\\ \\\\\\ I I °0°°°p°e°°°e°0°0°0°0°e°e°e°e° eo°ooe°oeo°eeo 0000000eee •\\ \♦\♦\\ 0000000000 —7v—AenIN30 0 0 0 0 0 00000000 .♦\\ ♦♦\\\♦ 0 0 0 0 0 0 0 \\\\\\♦\♦\ p o 00°°0000000 .\\♦♦\♦\\\\ \\\\\\ \ \ ZZ \ ;;♦\ \\\\\\\\\\ n Oo ZZ .\.\\\.\\\.\ I j i x_N W I < m J J a a