HomeMy WebLinkAbout1991-146
1 RESOLUTION NO. 9L-L49_~ ___
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF LEASE WITH EDGEHILL VILLAGE HOMEOWNER'S ASSOCIATION. RELATING TO CERTAIN
3 REM~ PROPERTY SITUATED EAST OF LITTLE MOUNTAIN DRIVE AND BEING THE SOUTHERLY
HALF OF VACATED EDGEHlLL ROAD.
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5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
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SECTION 1.
The Mavor of the City of San Bernardino
1S hereby
authorized and directed to execute on behalf of said City. a Lease
relating
9 to certain real property located East of Little :1ountain DI'ive and being the
10 Southerly half of vacated Edgehill Road. a COPy of which is attached hereto.
11 marked Exhibit "A" and incorporated herein by refer'ence as fullv as though
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set forth at length.
SECTION 2.
The authorization to execute the above-referenced
14 agreement is rescinded if the parties to the agreement fail to execute it
15 within sixty (60) days of the passage of this resolution.
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03/18/91 1
LEASE wITH THE EDGEHILL VILLAGE HOMEOWNERS ASSOCIATION - SOUTHERLY HALF OF
ElXiEHILL ROAD, EAST OF LITTLE MOUNTAIN DRIVE
1 r HEREBY CERTIFY that the fOI'egoIng Resolution was dulv adopted by
2 the Mavor and Common Council of the CIty of San BernardIno at a
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______2'~-9.!ll_aL____________ meet Ing thereof, he I d on the _l5llL__ dav
of
4 ___________.l\.P2'J-L_____, 1991. bv the followIng vote, to wIt:
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COUNCIL MEMBERS
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NAYS
ABSTAIN
AYES
ESTRADA
_1<__
REILLY
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FLORES
_1<__
MAUDSLEY
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MINOR
__K__
POPE-LUDLAM
_x. _
MILLER
_x__
_~~~~--!J~-----_-------
CItv Clerk
The foregoIng resolution Is herebv approved thIs __lJjJ1_____dav of
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________AJ2LU__________________ _, 1991.
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C It v of San Bel' ardIno -
24 Approved as to form
and legal content
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James F. Penman
Citv ~ttornev
bf:f!""o3_cL,,~o
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Res. 91-146
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AGREEMENT
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THIS AGREEMENT, made and entered into this lGth
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day of
Hay
1991 by and between the CITY OF SAN
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BERNARDINO, a municipal corporation, hereinafter referred to as
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"Lessor" and EDGEHILL VILLAGE ONE HOMEOWNERS ASSOCIATION, a
California corporation, hereinafter referred to as "Lessee".
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RECITALS
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This Lease is made and entered into with respect to the
following facts:
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A. Lessor is the owner of the property herein described.
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B. Lessee owns the adjacent property, and desires to
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lease this property from Lessor, and Lessor is willing to lease
the property to Lessee upon the terms and conditions hereinafter
set forth.
NOW THEREFORE, the parties hereto agree as follows:
1. Property.
Lessor hereby leases unto Lessee, and Lessee hereby
leases from Lessor, the property located East of Little Mountain
Drive, more particularly the Southerly half of vacated Edgehi11
Road, in the City of San Bernardino, California, and legally
described as:
All that portion of Section 20, Township 1
North, Range 4 West, San Bernardino
Meridian, unsurveyed, in the City of San
Bernardino, County of San Bernardino, State
of California, as the lines of United
States Government Survey extend across
Muscupiabe Rancho, as per plat recorded in
Book 7 of Maps, Page 23, records of said
County, more particularly described as
follows:
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DABjsesjEdgehi11.agr
April 15, 1991
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Res. 91-146
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COMMENCING at the intersection of the
centerlines of Little Mountain Drive and
33rd Street, as shown on Map of Tract No.
8964, as per plat recorded in Book 126 of
Maps, Pages 13, 14 and 15, records of said
County; thence East along the centerline of
said 33rd Street, said centerline having a
radial bearing of North 79 degrees 16' 37"
East, a distance of 44.00 feet to the
Northeasterly line of said Little Mountain
Drive; thence Northwesterly along said
Northeasterly line of Little Mountain
Drive, a distance of 432.21 feet to the
beginning of a non-tangent curve, concave
Southeasterly and having a radius of 20.00
feet, a radial from said point bears North
67 degrees 09' 42" East; thence Northerly
along said curve through a central angle of
91 degrees 36' 15", a distance of 31.98
feet to a reverse curve, concave
Northwesterly and having a radius of 355
feet; thence Easterly along said curve
through a central angle of 18 degrees 56'
26", a distance of 117.35 feet to the True
Point of Beginning; thence continuing along
said curve through a central angle of 39
degrees 22' 50", a distance of 244.00 feet
to a reverse curve, concave Southeasterly
and having a radius of 20.00 feet; thence
Northeasterly and Easterly along said
curve, through a central angle of 84
degrees 53' 48", a distance of 29.63 feet
to the beginning of a reverse curve,
concave Northeasterly and having a radius
of 1030 feet; thence continuing Easterly
along said curve through a central angle of
16 degrees 38' 00", a distance of 299.02
feet to the beginning of a reverse curve,
concave Southwesterly and having a radius
of 270 feet; thence continuing Easterly
along said curve through a central angle of
58 degrees 43' 52", a distance of 276.77
feet to the beginning of a non-tangent
curve, concave Southwesterly and having a
radius of 50.00 feet, a radial from said
point bears South 44 degrees 13' 51" West;
thence Southeasterly along said curve
through a central angle of 45 degrees 57'
53", a distance of 40.11 feet to a reverse
curve, concave Northeasterly and having a
radius of 52.00 feet; thence Southerly and
along said curve through a central angle of
255 degrees 51' 14", a distance of 232.21
feet to a reverse curve, concave
Northeasterly and having a radius of 50.00
DAB/ses/Edgehill.agr
April 15, 1991
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Res. 91-146
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feet; thence Northwesterly along said curve
through a central angle of 33 degrees 17'
01", a distance of 29.05 feet to a reverse
curve, concave Southwesterly and having a
radius of 330.00 feet; thence continuing
Westerly along said curve through a central
angle of 62 degrees 07' 32", a distance of
357.82 feet to a reverse curve, concave
Northwesterly and having a radius of 970.00
feet; thence continuing Westerly along said
curve through a central angle of 14 degrees
56' 00", a distance of 252.82 feet to a
reverse curve, concave Northeasterly and
having a radius of 50.00 feet; thence
continuing Westerly along said curve
through a central angle of 24 degrees 46'
05", a distance of 21.62 feet to a reverse
curve, concave Southeasterly and having a
radius of 70.00 feet; thence continuing
Southwesterly along said curve through a
central angle of 129 degrees 59' 09", a
distance of 158.81 feet to a reverse curve,
concave Northwesterly and having a radius
of 50.00 feet; thence continuing Southerly
along said curve through a central angle of
27 degrees 57" 31", a distance of 24.40
feet to a non-tangent curve, concave
Northwesterly and having a radius of 295.00
feet, a radial from said point bears North
76 degrees 49' 30" West; thence continuing
Southerly along said curve through a
central angle of 33 degrees 26' 41", a
distance of 172.20 feet; thence along a
radial line bearing South 43 degrees 22'
49" East, a distance of 60.00 feet, more or
less, to the True Point of Beginning.
EXCEPTING THEREFROM the Northerly half
thereof.
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Said property is outlined in red on attached Exhibit "A".
TOGETHER WITH that certain additional property as outlined
in blue on attached exhibit "B".
Said Exhibits are attached hereto and incorporated herein.
Said Lease is also subject to the following easements and
restrictions:
A. Easements reserved for the City of San Bernardino and
SoCa1Gas Company, and the right at any time, or from time to time
DAB/ses/Edgehi11.agr
April 15, 1991
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Res. 91-146
1 to construct, maintain, operate, replace and renew one or more
2 pipelines and appurtenances thereto, for the transportation of
3 water and for the transportation of natural gas, and for
4 incidental purposes, including the right of ingress and egress
5 thereto.
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B.
Easements for Southern California Edison and Chambers
7 Cable of Southern California to construct, place, operate,
8 inspect, maintain, repair, replace and remove such aerial and
9 underground communication structures and electrical transmission
10 structures respectively, as the companies may from time to time
11 require consisting of poles, anchors, wires, cables, conduits,
12 manholes, markers, and necessary fixtures and appurtenances.
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C.
An easement for the City of San Bernardino providing
14 ingress and egress of emergency vehicles over the above described
15 property.
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D.
There are specifically reserved to the owners of
17 property in said Tract No. 11047, their heirs and assigns, the
18 use and benefit of ingress and egress rights over the above
19 described property.
21 through D above, the holders of the easements shall do as little
In utilizing the easements described in Paragraphs A
22 damage as is practical to any improvements, of any nature, which
23 Lessee has by then constructed upon the leased property, and will
24 promptly restore the leased property, as far as is practical, to
25 its immediately prior condition.
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2.
Use Restrictions.
A.
Lessee's permitted uses of the leased property
28 shall be limited to (a) construction, installation and
DAB/ses/Edgehill.agr
April 15, 1991
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Res. 91-146
1 maintenance of automatic gates and the construction, installation
2 and maintenance of wrought iron fences and attendant manual gates
3 along the extreme Southern edge of the sidewalk which currently
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exists at the Northerly edge of Blair Park.
Said fencing is to
5 be installed in such a manner as to provide for a six inch (6")
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mow strip between the fence and lawn area.
The resul ting
7 enclosed area may be used for residential parking, except where
8 parking would hamper or block access to emergency gates, (b)
9 landscaping, (c) construction, installation, and maintenance of
10 the by-pass area (approximately 720 square feet of Blair Park)
11 along with any telephone or other communication equipment
12 necessary, and (d) such on-site and off-site improvements as
13 shall be required by the City of San Bernardino or any other
14 local governmental entity having jurisdiction over the leased
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property with respect to such improvements.
No other use shall
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3.
Lease Payments.
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A.
For the lease period May 1, 1991 through April
19 30, 2041, the total rental consideration for the property
21 same lease period, May 1, 1991 through April 30, 2041, the rental
described in Exhibit A shall be fifty dollars ($50.00).
For the
22 consideration for the use of the 720 square feet of Blair Park
23 described in Exhibit B shall be Two Thousand Eight Hundred Eighty
24 Dollars ($2,880.00), and the total combined rental consideration
25 shall be Two Thousand Nine Hundred Thirty Dollars ($2,930.00),
26 which shall be due and payable upon execution of said Lease.
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DAB/ses/Edgehill.agr
April 15, 1991
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Res. 91-146
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4.
Term.
2 The term of this agreement shall be for a period of
3 fifty (50) years, commencing May 1, 1991.
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5.
Option to Renew Lease.
5 Six (6) months prior to the end of the original 50
6 year lease, Lessee shall have the option to enter into a twenty-
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four (24) year renewal option.
Terms shall be those agreed upon
8 by Lessor and Lessee at that time, taking into consideration the
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then current market conditions.
Lessee shall also have the
10 option to enter into a 2nd twenty-four (24) year renewal option
11 by notifying Lessor of Lessee's desire to do so six (6) months
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prior to the expiration of the first option to renew.
Terms of
13 the 2nd twenty-four (24) year renewal option shall be those
14 agreed upon by Lessor and Lessee at that time, taking into
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15 consideration the then current market conditions.
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Improvements.
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Lessee shall not make, or suffer to be made, any
18 alterations to the demised premises, or any part thereof, other
19 than as set forth in Paragraph 2 herein, without the prior
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written consent of Lessor.
Any and all alterations and/or
21 improvements made to the demised premises pursuant to this
22 section shall, upon termination of this Lease agreement, remain
23 as a part of the premises and at no cost or obligation to the
24 Lessor.
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7.
Maintenance.
27 and maintain all improvements hereinafter constructed on the
Lessee shall, at Lessee's own cost and expense, keep
28 property in good condition and repair, and shall use all
DAB/ses/Edgehill.agr
April 15, 1991
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Res. 91-146
1 reasonable precaution to prevent waste, damage or injury to the
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property.
Lessor shall, at any reasonable time, have the right
3 to go upon the property and inspect and examine the same relative
4 to such maintenance and upkeep.
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utilities.
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Lessee shall pay for all electricity, gas, water,
7 telephone service, and all other services and utilities,
8 including service installation fees and charges for such
9 utilities during the term of this Lease.
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9.
Ownership.
11 Lessee acknowledges Lessor's title, paramount interest
12 and ownership of the subject property, and Lessee agrees never to
13 challenge or contest said title, ownership or interest of Lessor.
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10. Encumbrances.
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Lessees shall payor cause to be paid, all costs of
16 construction and/or installation of the automatic gates and the
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17 wrought iron fencing and manual gates, and all utilities used in
connection with said fencing and gates.
Lessee shall keep the
19 property free and clear of any and all claims arising out of
20 performance of work, furnishing of materials, and use of
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21 utilities.
11. Permits and Fees.
23 Lessee shall obtain all necessary permits and pay all
24 license fees, assessments, taxes, penalties or fines which may be
25 levied against said property.
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12. Taxes/Possessory Interest.
28 when due, all taxes and assessments that may be assessed or
Lessee covenants during the term of this Lease to pay,
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April 15, 1991
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Res. 91-146
1 imposed upon the Lessee's possessory interest in and to the
2 premises and upon personal property located on the leased
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premises.
During Lessee's possession and use of the leased
4 premises, should any taxes thereon be assessed against Lessor,
5 Lessee agrees to indemnify Lessor thereon.
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13. Rules and Regulations.
7 Lessee shall observe all rules, regulations, codes and
8 enactments of the Lessor and all applicable statutes of the state
9 of California in constructing, installing and maintaining said
10 fencing and gates.
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14. Amendment.
12 This agreement may be amended or modified only by
13 written agreement signed by both parties.
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15. Liability Insurance.
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Lessee agrees to procure and maintain in force during
16 the term of this agreement and any extension, at its expense,
18 approved by Lessor through its Risk Manager, adequate to protect
17 public liability insurance in companies and through brokers
19 against liability resulting from, arising out of, or in any way
20 connected with, the construction, installation and maintenance of
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21 the fencing and gates in a minimum amount of at least ONE MILLION
DOLLARS ($1,000,000.00) combined single limit.
Lessee shall
23 provide to Lessor's Risk Management Division, an annual pOlicy
24 of insurance which includes:
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A.
The City of San Bernardino as an additional named
26 insured:
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B.
The insurance company name, policy number, period of
28 coverage and the amount of insurance;
DAB/ses/Edgehill.agr
April 15, 1991
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Res. 91-146
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C.
Condition that Lessor be given notice, in writing, at
2 least thirty (30) days prior to cancellation, material change or
3 refusal to renew pOlicy; and
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D.
Condition that Lessee's insurance will be primary to
5 any coverage that Lessor may have in effect.
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16. Damage by Fire, Earthquake or Calamity.
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If by earthquake, flood or other similar calamity or
8 act of God, or it by fire, act of war or other similar cause, any
9 existing improvements, or the improvements to be constructed by
10 Lessee on the leased property are destroyed or damaged to a
11 substantial degree, Lessee shall repair them when such repairs
12 can be made in conformity with any applicable law, and if, within
13 ninety (90) days after the date when such destruction or damage
14 occurs, Lessee has not commenced repair or reconstruction, the
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15 Lessor may terminate this Lease upon forty-five (45) days'
written notice to Lessee.
If so terminated, then Lessee shall,
17 at its own expense, and upon election by Lessor, forthwith remove
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18 any or all of the damaged improvements.
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17.
Indemnification.
Lessee shall exercise its privileges under this Lease
at its own risk.
Lessee shall indemnify and hold harmless
22 Lessor, its elective and appointive boards, commissions,
23 officers, agents and employees from liability resulting from,
24 arising out of, or in any way connected with, the construction,
25 installation and maintenance of said gates or fencing, or with
26 the occupation of the property, including claims resulting from
27 the conduct of Lessee, its employees,invitees, guests or agents
28 of Lessee, or Lessee's failure to perform its promises in
DAB/ses/Edgehill.agr
April 15, 1991
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connection herewith.
Lessee shall defend Lessor, its elective
2 and appointive boards, commissions, officers, agents and employees
3 from any suits or actions at law or in equity for damages caused,
4 or alleged to have been caused, by reason of any of Lessee's
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operations under this agreement.
Lessor shall not be liable to
6 Lessee if Lessee's occupation or use of the property is hindered
7 or disturbed. Notwithstanding the provisions of this Section 17,
8 Lessee shall not be responsible for, and shall not be obligated
9 to indemnify Lessor against any liability resulting from, arising
10 out of, or in any way connected with, the use of the leased
11 property by Lessor, SoCalGas Company, Southern California Edison,
12 Chambers Cable, or any other entity or governmental or quasi-
13 governmental agency entering the leased property pursuant to the
14 easements retained in accordance with Paragraphs A, B, C and D of
15 Section 1 hereof.
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18. Notices.
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All notices herein required shall be in writing and
18 delivered in person or sent by certified mail, postage prepaid,
19 addressed as follows:
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LESSOR:
LESSEE:
CITY OF SAN BERNARDINO
Real Property Section
300 North "D" Street
San Bernardino, CA 92418
(714) 384-5111
EDGEHILL VILLAGE ONE HOMEOWNERS
ASSOC.
c/o Edgehill Management
Corporation
1700 North "E" Street, Suite #102
San Bernardino, CA 92406
(714) 886-0794
19. Recordation.
Lessor shall have this Lease recorded in the Office of
27 the County Recorder, San Bernardino County, State of California,
28 together with the appropriate Resolution of the Governing Body of
DAB/ses/Edgehill.agr
April 18, 1991
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Res. 91-146
1 Lessor. Lessee shall pay any fees charged for the recordation of
2 this lease document.
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20. Condition of Property Upon Surrender.
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Upon termination of this agreement, Lessee agrees to
5 surrender the said property occupied under the Lease herein
6 granted, in as good condition as same was at the time of Lessee's
7 original entry, and to remove any and all gates and fencing upon
8 demand of, and without expense to, Lessor. If Lessee fails to do
9 so, Lessor shall have the right to remove the gates and fencing
10 at the expense of Lessee, who shall pay the amount of the expense
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to Lessor on demand.
Lessor may elect to take possession of and
12 appropriate to itself without payment any property of Lessee, or
13 anyone claiming under Lessee, which Lessee fails to remove after
14 notice.
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21. Severability.
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In the event this agreement, or any portion thereof,
17 should be determined to be void, illegal or improper, for any
19 fully enforceable to the extent possible after such
18 reason whatever, all other portions of the agreement shall remain
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20 determinations.
22. Default.
22 In the event Lessee shall be in default in the payment
23 of rentals, taxes, or other charges hereunder, or shall otherwise
24 breach its covenants or obligations hereunder, and shall be and
25 remain in default for a period of thirty (30) days after written
26 notice from Lessor to it of such default, Lessor shall have the
27 right and privilege of terminating this Lease and declaring the
28 same at an end, and of entering upon and taking possession of
DAB/ses/Edgehill.agr
April 15, 1991
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Res. 91-146
1 said premises, and shall have the remedies now or hereafter
2 provided by law for recovery of rent and/or taxes, repossession
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of the premises and damages occasioned by such default.
If such
4 default should occur, then Lessor shall have the right to take
5 possession of and appropriate to itself without payment therefor,
6 any property of Lessee or anyone claiming under him then
7 remaining on said premises.
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23. Effect of Lessor's Waiver.
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Lessor's waiver of breach of one term, covenant, or
10 condition of this Lease is not a waiver of breach of others, nor
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of subsequent breach of the one waived.
Lessor's acceptance of
12 rent installments after breach is not a waiver of the breach,
13 except of breach of the covenant to pay the rent installment or
14 installments accepted.
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24. Lease Applicable to Successors, Etc.
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This Lease and the terms, covenants and conditions
17 hereof apply to, and are binding on the heirs, successors,
18 executors, administrators and assigns of the parties hereto.
19 25. Complete Agreement/Lease.
21 agreement and no other written and/or oral agreements exist in
This document represents the total and complete
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22 this regard.
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April 15, 1991
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Res. 91-146
1 LEASE AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND
EDGEHILL VILLAGE ONE HOMEOWNERS ASSOCIATION.
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and date first above shown.
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LESSOR:
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MAY 14 1HI
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DATED:
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ATTEST:
BY: ~~ ~
Cit Clerk
DATED:
LESSEE: EDGEHILL VILLAGE ONE
~ HOMEOWNERS ASSOCIATION
BY:~Z~
SHAWN ULESKE, President
/;2/
BY: ('Y1IJuA~'7t-~___
CHRIS DOWNARD, Treasurer
Approved as to form
and legal content:
JAMES F. PENMAN,
Ci t~~~orn~j /2. #_
~ )
DAB/ses/Edgehill.agr
April 15, 1991
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CITY OF SAN BERNARDINO
FILE NO.: /5. Db - /3f?
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