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HomeMy WebLinkAbout1990-472 r 10 1 tJ ;7- L./ 76< RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN MT. VIEW CEMETERY OF SAN 3 BERNARDINO D/B/A MT. VIEW CEMETERY AND CITY OF SAN BERNARDINO AND REPEALING RESOLUTION NO. 90-429. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor is hereby authorized and directed to 7 execute on behalf of said City Lease Agreement between Mt. View 8 Cemetery of San Bernardino d/b/a Mt. View Cemetery and City of 9 San Bernardino. SECTION 2. The authorization to execute the above- 11 referenced agreement is rescinded if the parties to the agreement 12 fail to execute it within sixty (60) days of the passage of this 13 resolution. 14 15 16 17 20 21 22 23 24 SECTION 3. Resolution No. 90-429 is hereby repealed. I HEREBY CERTIFY that the foregoing resolution was duly 18 adopted by the Mayor and Common Council of the City of San Bernardino at a ~L~ meeting thereof, held on the ;I~. day of~C7~~~~90, by the following vote, to wit: 19 Council Members: AYES NAYS ABSTAIN ESTRADA v~. REILLY {//" FLORES -~.--,- ~ MAUDSLEY J"......//./ MINOR / 1.-/ 25 POPE-LUDLAM 26 27 28 v"/ MILLER /' " -' r r(,,--'-:.~-A.f...J-,_ /11'~</,:,Y\,i.---Y E1ey Clerk , DAB/ses/Cemeter2.res November 19, 1990 1 17 f) ~ r ~ I' " ,A 7 {'" 'IV. f" ... 1 LEASE 2 THIS LEASE is made on this day of 3rd January 3 1991, between Mt. View Cemetery of San Bernardino d/b/a Mt. View 4 Cemetery, a California Corporation, hereinafter called "Lessor" 5 and City of San Bernardino, hereinafter called "Lessee". The 6 Lessor leases to Lessee and Lessee hires from Lessor, the 7 premises, shown in Attachment "A" and hereinafter described as 8 "Leased Premises". 9 1. LEASED PREMISES. The original office building, 10 constructed in 1900, located on the southwest corner of that 11 parcel of land known as the Mountain View Cemetery, 302 E. 12 Highland Avenue, San Bernardino, California. 13 2. TERM. The term of this Lease shall be for a period 14 of ten (10) years, commencing the date first above shown, and 15 ending Ten (10) years thereafter. 16 3. USE AND OCCUPANCY. The premises are being leased as a historical monument. The parties to this Lease Agreement 18 acknowledge that the sole purpose of this Lease is to preserve, 19 protect and maintain said building as a historical monument and a 21 20 benefit to the community and as an enhancement to the cemetery of Lessor. The said Lessee, paying the rent and performing the 22 covenants herein specified, has no right to occupancy except for 23 the purpose of performing those repairs and maintenance set forth 24 in Paragraph 7. 25 4. RENT. Lessee shall pay to Lessor as rent, without 26 deduction, set-off, prior notice or demand, the sum of One Dollar 27 28 ($1.00) per year, payable in advance. All rent shall be paid to DAB/ses/Cemetery.lse December 12, 1990 1 1 Lessor at the address to which notices to Lessor are given. 2 5. REAL PROPERTY TAXES. Lessor shall pay all real 3 property taxes and general assessments levied and assessed 4 against the Leased Premises. 5 In the event any improvements are hereinafter made by an 6 appropriate public agency which results in the imposition of a 7 special assessment against the Leased Premises and improvements 8 situated thereon, the Lessee shall pay cost of such improvements 9 and assessments. 10 6. COVENANT TO COMPLY WITH LAWS. Lessee, in carrying on 11 and conducting business upon the Leased Premises shall, at its 12 sole cost and expense, comply with and conform to all municipal, 13 county, state and federal laws, ordinances and regulations now in 14 force or which may hereinafter be in force pertaining to, 15 governing or affecting the use of the Leased Premises and the 16 conduct of such business thereon. The court abatement of any 17 unlawful use of the Leased Premises by Lessee shall, at Lessor's 18 option, be deemed a breach of this Lease. 19 7. REPAIR AND MAINTENANCE. Lessee, at its sole cost and 20 expense shall maintain, in good condition, order and repair, all 21 portions of the Leased Premises, any and all improvements now or 23 22 hereafter situated and located on the Leased Premises, and all Lessee's personal property. It is expressly understood that 24 Lessor shall not be responsible for any maintenance or repair of 25 any portion of the Leased Premises or any improvements or 26 personal property situated thereon. It is further understood 27 that Lessor shall be responsible for maintaining the exterior 28 DAB/ses/Cemetery.lse December 12, 1990 2 1 grounds in a clean and neat manner, to include but, not limited 2 to mowing of grass and weeding of any landscaping. Lessee agrees 3 that in the event the structure sustains major damage as the 4 result of any act of vandalism, or act of God, to make said 5 repairs at Lessee's expense. The parties herein agree that 6 repairs can be made by city workers, general contractor or 7 volunteers, at the Lessee's option. 8 8. RIGHT OF WAY. No appurtenances or rights-of-way are 9 conveyed by this Lease Agreement. 10 9. REAL PROPERTY. No real property or use thereof is 11 conveyed by this Lease Agreement. 12 10. ALTERATIONS TO PREMISES. The Lessee shall make no 13 alterations, improvements, or additions to the Leased Premises 14 without first having obtained the written consent of the Lessor. 15 Any alterations, improvements or additions made to or on the 16 Leased Premises by the Lessee shall be done in a good and 17 workmanlike manner and shall in all respects fully conform to and 18 comply with all applicable laws, regulations, rules and other 19 building codes of the state, county, municipality or other 20 applicable public authority. All such additions or alterations 22 21 made by the Lessee, shall become a part of the Leased Premises and shall become the property of the Lessor. Any such 23 alterations, improvements or additions made on the Leased 24 Premises with the consent of the Lessor shall be at the sole cost 25 and expense of the Lessee, and the Lessor shall have the right to 26 post any and all notices desired by it respecting the non- 27 28 / / / DAB/ses/Cemetery.lse December 12, 1990 3 18 --,- 1 liability for any such alterations, improvements or additions 2 being constructed or made on the Leased Premises. 3 The Lessee shall not cause any sign or other advertising 4 fixtures to be constructed on or affixed to the exterior of the 5 Leased Premises without first having obtained the written consent 6 of the Lessor. 7 11. OWNERSHIP AT TERMINATION. All improvements ont he 8 Leased Premises at the expiration of the term or sooner 9 termination of this Lease shall, without compensation to Lessee, 10 then become, at the Lessor's election, the Lessor's property free 11 and clear of all claims to or against them by Lessee or any third 12 person, Lessee shall defend and indemnify Lessor against all 13 liability or loss arising from such claims or from Lessor's 14 exercise of the rights conferred by this paragraph. 15 The Lessee, at its cost, shall remove its personal 16 property and any property improvements not elected to be 17 retained by the Lessor. 12. INSURANCE. Lessee, at its cost, shall maintain 19 public liability insurance with liability limits as follows: 20 $500,000 bodily injury and $100,000 property damage, or 21 $1,000,000 combined single limits, insuring against all liability 22 of Lessee and its authorized representatives arising out of and 23 in connection with Lessee's use or occupancy of the Premises. 24 Lessee's insurance shall specifically include Lessor with 25 26 public liability insurance and property damage insurance shall protection against any bodily injury or property damage. All 27 insure performance by Lessee of the indemnity provisions of 28 DAB/ses/Cemetery.lse December 12, 1990 4 19 1 Paragraph 15 herein. Lessor and Lessee shall be named co-insured 2 on such polices and Lessee shall furnish to Lessor certificates 3 of such insurance, with provisions that such insurance cannot be 4 modified, canceled or altered without giving written notice to 5 Lessor. The provisions of this paragraph 12 may be satisfied by 6 Lessee presenting to Lessor a Certificate of Self Insurance. 7 13. CONDITION OF PREMISES. At the commencement of the 8 term hereunder Lessee acknowledges that the Leased Premises, and 9 every part thereof, is in acceptable condition, and Lessee will 10 make improvements as outlined in Paragraph 11 of this Agreement. 11 14. INDEMNITY AND LIABILITY FOR DAMAGE. Lessee shall hold 12 Lessor harmless from all damages arising out of any damage to any 13 personal property, bodily injury, real property incurring in, on 14 or about the Leased Premises, except that Lessor shall be liable 15 to Lessee for damage resulting from the acts or omissions of 16 Lessor or its authorized representatives. Lessor shall not be 17 liable to Lessee for any damage to Lessee or Lessee's property 18 from any cause. 15. WAIVER. If the Lessee should default as to any of 20 the conditions, covenants or agreements herein contained and the 21 Lessor, having knowledge of such breach, should not take 22 advantage of the same, such failure on its part shall not be 23 construed as a waiver of such conditions, covenants or agreements 24 and the right of termination shall remain in full force and 25 effect unless expressly waived in writing, provided, further, 26 that no amendment to this Lease or any waiver of any term, 27 provision or condition thereof shall be effective unless such 28 DAB/ses/Cemetery.lse December 12, 1990 5 1 amendment or waiver be in writing signed by the Lessor and 2 Lessee. 3 16. ASSIGNMENT. Lessee shall not assign its rights and 4 duties under this Agreement without prior written consent of 5 Lessor. Lessee shall not assign, mortgage or hypothecate this 6 Lease Agreement or any interest therein, or let or sublet the 7 whole or any part of said building, or donate the same to any 8 use, without, in each instance, first obtaining the written 10 Lessee therein, shall not be transferable by operation of law, 9 consent of Lessor; and this Lease Agreement, or any interest of 11 without written consent of Lessor, by reason of insolvency, or 12 attachment or other judicial process or sale by or against 13 Lessee. 14 15 17. ENTIRE AGREEMENT. This instrument embodies the whole agreement of the parties. There are no promises, terms, 16 conditions or obligations other than those contained herein; and 17 this contract shall supersede all previous communications, 18 representations or agreements, either verbal or written, between 19 the parties. 20 18. SEVERABILITY. It is understood and agreed by the 21 parties that if any part, term or provision of this Agreement is 22 held by the courts to be illegal or in conflict with any law of 23 the state where made, the validity of the remaining portions or 24 provisions shall not be affected, and the rights and obligations 25 of the parties shall be construed and enforced as if the 26 Agreement did not contain the particular term or provision held 27 to be invalid. 28 DAB/ses/Cemetery.lse December 12, 1990 6 r- 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 19. NOTICE. all notices required by law, or by this Lease, to be given either party may be given personally or by depositing the same in the United states mail, registered, with postage prepaid, and addressed as follows: To the Lessee at: City Administrator City of San Bernardino 300 N. "D" Street San Bernardino, CA 92318 To the Lessor at: Mt. View Cemetery P.O. Box 2018 San Bernardino, CA 92406 cc: c/o Service Corporation International Legal Department 9885 Carroll Canyon Road San Diego, CA 92131 Such addresses may be changed from time to time by either party serving notices as above provided. 20. ATTORNEY'S FEES AND COSTS. In case suit is brought for unlawful detainer of the demised Premises, or for the recovery of any rent due under the provisions of this Lease, or because of the breach of any other covenant herein contained on the part of the Lessor or on the part of the Lessor to be kept and performed, the Lessee or Lessor will pay to the successful party reasonable attorney's fees and costs which shall be fixed by the judge of the court. 21. AMENDMENT OF LEASE. This Lease supersedes all prior negotiations and embodies all of the understandings and stipulations between the parties hereto and supersedes all prior preliminary agreements, and it is mutually understood that no statement, promise or inducement made by either of the parties, their employees, agents, or salespersons which is not DAB/ses/Cemetery.lse December 12, 1990 7 1 specifically set forth herein, shall be binding upon the parties; 2 and this Lease may not be enlarged, modified, altered, except in 3 writing subscribed by the parties hereto. 4 22. BINDING ON SUCCESSORS. That subject to the covenants 5 respecting assignment, underletting or subletting, the 6 conditions,covenants and agreements herein contained shall inure 7 to the benefit of and be binding upon the successors and assigns 8 of the respective parties hereto. 9 IN WITNESS WHEREOF, the Lessor and Lessee have caused this 10 Lease to be executed the day and year first hereinabove written. 12 11 "LESSEE" CITY OF SAN 13 14 ATTEST: 15 16 r'-k.'A..- ( 17 18 "LESSOR" MT. VIEW CEMETERY OF SAN BERNARDINO d/b/a Mt. View cemetz@rY) / . By: ' -il '2 Ll;/.-#7 Victor M. Evans, Vice President 19 20 21 22 APPROVED AS TO FORM AND LEGAL CONTENT: 23 24 JAMES F. PENMAN, City Attorney 25 ~w..J 26 27 28 DAB/ses/Cemetery.lse December 12, 1990 8 . The Mt. View Cemetery agreement dated November 19, 1990 is not a valid document, and is superceded by the signed agreement dated December 12, 1990. 6(0 -'/77- '''-. :";.: "< ,; \ ',oJ ',> 1 LEASE 2 THIS LEASE is made on this d !.d day of Y!crwmk/C ' 3 1990, between Mt. View Cemetery of San Bernardino d/b/a Mt. View 4 Cemetery, a California Corporation, hereinafter called "Lessor" 5 and City of San Bernardino, hereinafter called "Lessee". The 6 Lessor leases to Lessee and Lessee hires from Lessor, the 7 premises, shown in Attachment "A" and hereinafter described as 8 "Leased Premises". 9 The original office building, 1. LEASED PREMISES. 10 constructed in 1900, located on the southwest corner of that 11 parcel of land known as the Mountain View Cemetery, 302 E. 12 Highland Avenue, San Bernardino, California. 13 2. The term of this Lease shall be for a period TERM. 14 of ten (10) years, commencing the date first above shown, and 15 ending Ten (10) years thereafter. 16 17 3. USE AND OCCUPANCY. The premises are being leased as a historical monument. The parties to this Lease Agreement 18 acknowledge that the sole purpose of this Lease is to preserve, 19 protect and maintain said building as a historical monument and a 21 20 benefit to the community and as an enhancement to the cemetery of The said Lessee, paying the rent and performing the Lessor. 22 covenants herein specified, has no right to occupancy except for 23 24 in Paragraph 7. the purpose of performing those repai'rs and maintenance set forth 25 26 27 28 4. RENT. Lessee shall pay tp Lessor as rent, without deduction, set-off, prior notice or demand, the sum of One Dollar ($1.00) per year, payable in advance. All rent shall be paid to DAB/ses/Cemetery.lse November 19, 1990 1 10 1 Lessor at the address to which notices to Lessor are given. 2 REAL PROPERTY TAXES. Lessor shall pay all real 5. 3 property taxes and general assessments levied and assessed 4 against the Leased Premises. 5 In the event any improvements are hereinafter made by an 6 appropriate public agency which results in the imposition of a 7 special assessment against the Leased Premises and improvements 8 situated thereon, the Lessee shall pay cost of such improvements 9 and assessments. 6. Lessee, in carrying on COVENANT TO COMPLY WITH LAWS. 11 and conducting business upon the Leased Premises shall, at its 12 sole cost and expense, comply with and conform to all municipal, 13 county, state and federal laws, ordinances and regulations now in 14 force or which may hereinafter be in force pertaining to, 15 governing or affecting the use of the Leased Premises and the 16 conduct of such business thereon. The court abatement of any 17 unlawful use of the Leased Premises by Lessee shall, at Lessor's 18 option, be deemed a breach of this Lease. 19 7. REPAIR AND MAINTENANCE. Lessee, at its sole cost and 20 expense shall maintain, in good condition, order and repair, all 21 portions of the Leased Premises, any and all improvements now or 23 22 hereafter situated and located on the Leased Premises, and all Lessee's personal property. It is expressly understood that 24 Lessor shall not be responsible for any maintenance or repair of 25 any portion of the Leased Premises or any improvements or 26 personal property situated thereon. It is further understood 27 that Lessor shall be responsible for maintaining the exterior 28 DAB/ses/Cemetery.lse November 19, 1990 2 10 , . 1 grounds in a clean and neat manner, to include but, not limited 2 to mowing of grass and weeding of any landscaping. Lessee agrees 3 that in the event the structure sustains major damage as the 4 result of any act of vandalism, or act of god, to make said 5 repairs at Lessee's expense. The parties herein agree that 6 repairs can be made by city workers, general contractor or 7 volunteers, at the Lessee's option. 8 8. RIGHT OF WAY. No appurtenances or rights-of-way are 9 conveyed by this Lease Agreement. 9. REAL PROPERTY. No real property or use thereof is 12 11 conveyed by this Lease Agreement. 10. ALTERATIONS TO PREMISES. The Lessee shall make no 13 alterations, improvements, or additions to the Leased Premises 14 without first having obtained the written consent of the Lessor. 15 Any alterations, improvements or additions made to or on the 16 Leased Premises by the Lessee shall be done in a good and 17 workmanlike manner and shall in all respects fully conform to and 18 comply with all applicable laws, regulations, rules and other 19 building codes of the state, county, municipality or other 20 applicable public authority. All such additions or alterations 21 made by the Lessee, shall become a part of the Leased Premises 22 with the consent of the Lessor shall be at the sole cost and 23 expense of the Lessee, and the Lessor shall have the right to 24 post any and all notices desired by it respecting the non- 25 liability for any such alterations, improvements or additions 26 being constructed or made ont he Leased Premises. 27 28 / / / DAB/ses/Cemetery.lse November 19, 1990 3 1 The Lessee shall not cause any sign or other advertising 2 fixtures to be constructed on or affixed to the exterior of the 3 Leased Premises without first having obtained the written consent 4 of the Lessor. 5 11. OWNERSHIP AT TERMINATION. All improvements ont he 6 Leased Premises at the expiration of the term or sooner 7 termination of this Lease shall, without compensation to Lessee, 8 then become, at the Lessor's election, the Lessor's property free 9 and clear of all claims to or against them by Lessee or any third 10 person, Lessee shall defend and indemnify Lessor against all 11 liability or loss arising from such claims or from Lessor's 13 12 exercise of the rights conferred by this paragraph. 14 property and any property improvements not elected to be The Lessee, at its cost, shall remove its personal 16 15 retained by the Lessor. 12. Lessee, at its cost, shall maintain INSURANCE. 17 public liability insurance with liability limits as follows: 18 $500,000 bodily injury and $100,000 property damage, or 19 $1,000,000 combined single limits, insuring against all liability 20 of Lessee and its authorized representatives arising out of and 21 in connection with Lessee's use or occupancy of the Premises. 23 22 Lessee's insurance shall specifically include Lessor with 24 public liability insurance and property damage insurance shall protection against any bodily injury or property damage. All 25 insure performance by Lessee of the indemnity provisions of 26 Paragraph 15 herein. Lessor and Lessee shall be named co-insured 27 on such polices and Lessee shall furnish to Lessor certificates 28 DAB/ses/Cemetery.lse November 19, 1990 4 1 of such insurance, with provisions that such insurance cannot be 2 modified, canceled or altered without giving written notice to 3 Lessor. The provisions of this paragraph 12 may be satisfied by 4 Lessee presenting to Lessor a Certificate of Self Insurance. 5 13. CONDITION OF PREMISES. At the commencement of the 6 term hereunder Lessee acknowledges that the Leased Premises, and 7 every part thereof, is in acceptable condition, and Lessee will 8 make improvements as outlined in Paragraph 11 of this Agreement. 9 14. INDEMNITY AND LIABILITY FOR DAMAGE. Lessee shall hold 10 Lessor harmless from all damages arising out of any damage to any 11 personal property, bodily injury, real property incurring in, on 12 or about the Leased Premises, except that Lessor shall be liable 13 to Lessee for damage resulting from the acts or omissions of 14 Lessor or its authorized representatives. Lessor shall not be 15 liable to Lessee for any damage to Lessee or Lessee's property 17 16 from any cause. 15. WAIVER. If the Lessee should default as to any of 18 the conditions, covenants or agreements herein contained and the 19 Lessor, having knowledge of such breach, should not take 20 advantage of the same, such failure on its part shall not be 21 construed as a waiver of such conditions, covenants or agreements 22 and the right of termination shall remain in full force and 23 effect unless expressly waived in writing, provided, further, 24 that no amendment to this Lease or any waiver of any term, 25 provision or condition thereof shall be effective unless such 26 amendment or waiver be in writing signed by the Lessor and 27 Lessee. 28 DAB/ses/Cemetery.lse November 19, 1990 5 1 16. ASSIGNMENT. Lessee shall not assign its rights and 2 duties under this Agreement without prior written consent of 3 Lessee shall not assign, mortgage or hypothecate this Lessor. 4 Lease Agreement or any interest therein, or let or sublet the 5 whole or any part of said building, or donate the same to any 6 use, without, in each instance, first obtaining the written 7 consent of Lessor; and this Lease Agreement, or any interest of 8 Lessee therein, shall not be transferable by operation of law, 9 without written consent of Lessor, by reason of insolvency, or 10 attachment or other judicial process or sale by or against 11 Lessee. 12 13 This instrument embodies the whole 17. ENTIRE AGREEMENT. agreement of the parties. There are no promises, terms, 14 conditions or obligations other than those contained herein; and 15 this contract shall supersede all previous communications, 16 representations or agreements, either verbal or written, between 17 the parties. 18 18. SEVERABILITY. It is understood and agreed by the 19 parties that if any part, term or provision of this Agreement is 20 held by the courts to be illegal or in conflict with any law of 21 the state where made, the validity of the remaining portions or 22 provisions shall not be affected, and the rights and obligations 23 of the parties shall be construed and enforced as if the 24 Agreement did not contain the particular term or provision held 25 to be invalid. 26 19. NOTICE. all notices required by law, or by this 27 Lease, to be given either party may be given personally or by 28 DAB/ses/Cemetery.lse November 19, 1990 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 depositing the same in the United states mail, registered, with 2 postage prepaid, and addressed as follows: 3 To the Lessee at: City Administrator City of San Bernardino 300 N. "D" Street San Bernardino, CA 92318 4 5 To the Lessor at: 6 7 8 cc: c/o Service Corporation International Legal Department 9885 Carroll Canyon Road San Diego, CA 92131 9 Such addresses may be changed from time to time by either party serving notices as above provided. 20. ATTORNEY'S FEES AND COSTS. In case suit is brought for unlawful detainer of the demised Premises, or for the recovery of any rent due under the provisions of this Lease, or because of the breach of any other covenant herein contained on the part of the Lessor or on the part of the Lessor to be kept and performed, the Lessee or Lessor will pay to the successful party reasonable attorney's fees and costs which shall be fixed by the judge of the court. 21. AMENDMENT OF LEASE. This Lease supersedes all prior negotiations and embodies all of the understandings and stipulations between the parties hereto and supersedes all prior preliminary agreements, and it is mutually understood that no statement, promise or inducement made by either of the parties, their employees, agents, or salespersons which is not specifically set forth herein, shall be binding upon the parties; and this Lease may not be enlarged, modified, altered, except in DAB/ses/Cemetery.lse November 19, 1990 7 10 11 12 13 14 15 16 17 18 1 writing subscribed by the parties hereto. 2 22. BINDING ON SUCCESSORS. That subject to the covenants 3 respecting assignment, underletting or subletting, the 4 conditions,covenants and agreements herein contained shall inure 5 to the benefit of and be binding upon the successors and assigns 6 of the respective parties hereto. 7 IN WITNESS WHEREOF, the Lessor and Lessee have caused this 9 8 Lease to be executed the day and year first ATTEST: ~~iL j/~V'A/1 C~_~-Clerk "LESSOR" MT. VIEW CEMETERY OF SAN BERNARDINO d/b/a Mt. View , Cemetery 19 APPROVED AS TO FORM AND LEGAL CONTENT: 20 21 22 23 24 25 26 27 28 JAMES F. PENMAN, City Attorney ~j DAB/ses/Cemetery.lse November 19, 1990 8 1 RESOLUTION. .AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN MT. VIEW CEMETERY OF SAN BERNARDINO. . AND 2 CITY OF SAN BERNARDINO AND REPEALING RESOLUTION NO. 90-429. 3 4 The foregoing resolution is hereby approved t '-#Jl7~-nt-#~ ' 1990. . , .2. / ~ day ) --- 5 of 6 7 8 9 Approved as to form and legal content: 10 JAMES F. PENMAN, City Attorney ~/ 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DAB/ses/Cemeter2.res November 19, 1990 ,. 2