HomeMy WebLinkAboutR06-RDA Item
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Redevelopment Agency · City of San Bernardino
.~Ncnh"D'SIIeeI, I'oanhF/oor. SIDBemardiDo, CllifCllDia 92418
(714)384-5081 PAX (714) 888-9413
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AUGUST 14, 1990
DOROTHY INGRAM LIBRARY LEASE
Synopsis of Previous Commission/Council/Committee Action:
2-01-88 Resolution 88-22 authorized the execution of lease with
Redevelopment relating to the Public Enterprise Center -
Ll brary.
2-01-88 Resolution 50-68 authorized execution of a lease for Public
Enterprise Center - Library.
8-08-90 Redevelopment Committee recommended approval of lease.
Recommended Motion:
(MAYOR AND COMMON COUNCIL)
A). Adopt a RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE BY AND BETHEEN THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO RELATING TO
THE DOROTHY INGRAM LIBRARY.
(COMMUNITY DEVELOPMENT COMMISSION)
B). Adopt a RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A
LEASE FOR THE DOROTHY INGRAM LIBRARY.
Respectfully Submitted,
~-I~
Robert. 1 e, Act ng Executl ve DI rector
Supporting data attached: YES
FUNDING REQUIREMENTS:
Hard: 6
Project: Northwest
Commission
f!Qill :
~151H
Agenda of: 8/20/90 r"
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.; Redevelopment Agency
S T A F F R E P 0 R T
BACKGROUND
The Dorothy Ingram Library lease at the Public Enterprise Center has expired
and the library has requested that their lease be renewed for three years (see
exhibit "B").
On July 1" 19B7, the Commission approved a lease agreement between the Age,ncy
and the library. In accordance with the terms of the previous lease, the
library has an option to renew for two successive three-year terms subject to
the parties using their best efforts to negotiate a mutually agreeable rental
rate. The library has opted to renew their lease for three years with an
option for a second three year term.
Either party, with or without cause may terminate this lease effective June
30, 1991, or June 30,1992, by providing written notice to the other party at
least sixty (60) days prior to such termination date. Agency Counsel has
approved the proposed lease.
The City Librarian, Mr. Robert Ewing and the Library Board has reviewed the
proposed lease and agrees to the terms and conditions.
<::> RECOMMENDATION:
It Is therefore recommended that the Committee recommend Council and
Commission approval of the proposed lease.
RJT: EZ:mf: I093C
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1
2 LEASE
3 CITY OF SAN BERNARDINO
4 ("PUBLIC ENTERPRISE CENTER" - LIBRARY)
5 THIS LEASE effective as of July 1, 1990, by'and between the
6 Redevelopment Agency of the City of San Bernardino, a public
7 body, corporate and politic of the State of California
8 (hereinafter called "Lessor"), and the City of San Bernardino, a
9 municipal corporation (hereinafter called "Lessee").
10 WITNESSETH:
11 WHEREAS, Lessor owns the real property located at 1505 West
12 Highland Avenue, San Bernardino, California, where the premises
13 are located: and
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WHEREAS, heretofore the Lessor has received an Order from
15 the Bankruptcy Court to take possession of the premises from
16 Operation Second Chance, Inc., the previous Lessor of the
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17 premises pursuant to the certain lease dated February 15, 1982,
18 between Operation Second Chance, Lessor, and the City of San
19 Bernardino, Lessee.
20 NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
21
1.
Lessor does hereby demise and let unto Lessee the
22 following described premises, to wit: a portion of the building
23 located at 1505 West Highland Avenue, San Bernardino, California,
24 which portion of said building is described as follows: an area
25 of approximately 3,000 square feet on the main floor known as the
26 library area number one, the location of which is shown on
(
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Exhibit "A" attached hereto and incorporated herein.
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TO HAVE AND TO HOLD the same, with the appurtenances
thereunto belonging unto the Lessee for and during the term of
three years, beginning on the 1st day of July, 1990, and ending
on the last day of June, 1993, at a rental schedule as more
particularly set forth in Exhibit "B" attached hereto and
incorporated herein by reference.
Upon the expiration of this Lease, Lessee has an option to
renew for one three-year term subject to the parties using their
best efforts to negotiate a mutually agreeable rental rate.
Either party, with or without cause, may terminate this
lease effective June 30, 1991, or June 30, 1992, by providing
written notice to the other party at least sixty (60) days prior
to such termination date.
2. Lessee herein covenants by and for itself and its
assigns, and all persons claiming under or through it, and this
Lease is made and accepted upon and subject to the following
conditions:
That there shall be no discrimination against or
segregation of any person or group of persons, on account of
race, color, creed, religion, sex, marital status, national
origin, ancestry or physical handicap, in the leasing,
subleasing, transferring, use, occupancy, tenure, or enjoyment
of the premises herein leased nor shall the Lessee itself, or any
person claiming under or through it, establish or permit any
such practice or practices of discrimination or segregation with
reference to the selection, location, number, use or occupancy,
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of tenants, lessees, sub1essees, subtenants, or vendors in the
premises herein leased.
3. Lessee does hereby covenant and agree with said Lessor
to:
(a) Pay said rent at the time and place and in the manner
aforesaid;
(b) Use and occupy said premises for office and public
library purposes only and in a careful and proper
manner;
(c) Not commit any waste therein;
(d) Not use or occupy said premises for any unlawful
purpose; and to conform to and obey all present and
future laws and ordinances, and all rules,
regulations, requirements and orders of all
governmental authorities or agencies, respecting the
use and occupation of (but not repairs or alterations
in or to) the demised premises;
(e) Not assign this lease, or underlet said premises, nor
any part thereof, without the written consent of the
Lessor; which consent shall not unreasonably be
withheld. Any assignee or sublessee shall obtain and
maintain a policy of liability insurance covering its
operations in an amount not less than one million
dollars ($1,000,000) combined single limit and naming
the Redevelopment Agency or the City of San
Bernardino, its officers, agents and employees as
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additional insureds. Such policy of insurance shall
be kept in full force and effect during the entire
term of the assignment or sublease.
(f) Not use or occupy said premises, or permit the same to
be used or occupied, for any purpose or business
deemed extra-hazardous on account of fire or
otherwise;
(g) Make no alterations or additions in or to said
premises without the written consent of said Lessor,
which consent shall not unreasonably be withheld;
(h) Leave the premises at the expiration or prior
termination of this lease or any renewal or extension
thereof, in as good condition as received, excepting
reasonable wear and tear, and excepting damage arising
from the negligence or default of the Lessor, its
agents, employees, or from any of the causes set
forth in paragraph 5(a);
(i) Permit the Lessor to enter upon said premises at all
reasonable time to examine the condition of the same;
(j) Indemnify and save harmless the Lessor from and
against any loss, damage and liability occasioned by,
growing out of, or arising or resulting from any
default hereunder, or tortious or negligent act on the
part of Lessee, its agents or employees;
(k) Not to inscribe, paint, affix, or display any sign,
advertisement or notice on any doors, windows or walls
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of said building without the prior written consent of
the Lessor. Lessor shall provide Lessee with area
display for occasional announcement of events,
activities, or notices;
( 1 ) Abide by all rules and regulations adopted by Lessor
for the reasonable conduct of the operation and
control of said premises as initially shown on Exhibit
"E" attached hereto and incorporated herein, provided
such rules and regulations will not be inconsistent
with operating a public library;
(m) Pay and be liable for all costs, damages and
reasonable attorney's fees incurred by the Lessor in
any successful action or proceeding in court taken to
enforce the obligations hereof, and any judgment
rendered in favor of the Lessor in any such action
shall be a lien upon the right of possession of the
Lessee in said demised premises;
(n) Maintain and replace the plastic protector floor mats
under all chairs that move on rollers as initially
provided by Lessor, in order to minimize wear and tear
and damages to the property;
(0) Keep the inside of the premises in good order and
repair, during the term, and upon failure so to do,
the Lessor shall have the right to give notice in
writing to the Lessee specifying the damages caused by
or arising from the negligence of the Lessee,
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excepting reasonable normal wear and tear; the Lessor
shall have the right to-make such repairs and to add
the amount of the cost of tham to the rent due under
this lease on the first day of the month following the
date of the repairs; and the cost of such repairs
shall be, and constitutes, such rent, together with
the rent herein provided for, and except as otherwise
provided as normal repairs made by the Lessor;
(p) Pay on demand as part of the rent any increase of
premium for insurance of the building or premises, or
any part, above the least hazardous rate, for the
business mentioned in this lease, that may be imposed
in consequence of the use or occupation by the Lessee,
or that may be due, in any way, directly or
in~irect1y, to the use and occupation of the premises
by the Lessee;
(q) Keep, save and hold harmless the Lessor from any and
all damages and liability for anything and everything
whatever arising from, or out of, the occupancy by
Lessee, and from any loss or damage arising from any
fault or negligence by the Lessee, or any failure on
the Lessee's part to comply with any of the
covenants, terms and conditions contained in this
Lease.
4. Lessor on its part covenants and agrees with the
Lessee that it will:
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(a) Pay for electricity, water, refuse, sewage, heat,
including supplies, and automobile parking facilities
without additional cost to Lessee;
(b) Furnish security, janitorial service, and ground
maintenance without additional cost to Lessee, as set
forth in Exhibits "e" and "D" attached hereto and
incorporated herein by reference.
5. It is mutually agreed by and between the Lessor and
Lessee that:
(a) If, during the term hereof, the demised premises or
any part thereof are rendered untenantable by public
authority, or by fire or the elements, or other
casualty (except such as shall have resulted from the
negligence of the Lessee), a proportionate part of the
rent herejn reserved (whether paid in advance or
otherwise), shall be abated and suspended according to
the extent of such 1ntenantab111ty, until the premises
are again made tenantable and restored to their former
condition by the Lessor; and if the premises or a
substantial part thereof are thereby rendered
untenantable and so remain for a period of sixty (60)
days, the Lessee may at its option, terminate this
lease by written notice to the Lessor; provided,
however, that if the premises cannot by reasonable
efforts be restored to their former condition within
sixty (60) days, either the Lessor or the Lessee shall
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have ~he op~ion of termina~ing ~s lease by wri~ten
no~ice ~o ~he o~her.
(b) If ~he demised premises shall be condemned or acquired
by ~he exercise of ~he power of eminen~ domain, ~hen
~his lease shall ~ermina~e a~ ~he ~ime possession
shall be required, and ~he Lessee shall be relieved of
all fu~ure ren~al paymen~s hereunder. All damage
suffered in 8e~~lemen~ or awarded for such ~aking for
any public purpose shall belong ~o and be ~he property
of the Lessor whether such damage shall be awarded as
compensation for diminu~ion in value ~o the leasehold
or ~o ~he fee of ~he premises herein demised.
However, Lessee shall be entitled ~o receive from ~he
condemning agency, bu~ no~ from Lessor, all expenses
which i~ may reasonably incur in relocating as a
resul~ of such condemnation or exercise of ~he power
of eminen~ domain:
(c) All fix~res and/or equipmen~ of wha~soever nature as
shall have been ins~alled in ~he demised premises by
~he Lessee, whether permanently affixed ~hereto or
otherwise, shall con~inue ~o be ~he proper~y of the
Lessee, and may be removed by i~ at ~he expiration or
termination of this lease or any renewal or extension
~hereof: provided, however, ~he Lessee shall at its
own expense repair any injury ~o ~he premises
resul~ing from such removal:
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(d) If the Lessee shall pay the rent as herein provided,
and shall keep, observe and perform all the other
covenants of this Lease by it to be kept, performed
and observed, the Lessee shall and may peaceably and
quietly have, hold, and enjoy the said premises for
the term aforesaid:
(e) If the Lessee shall at any time be in default in the
payment of rent herein reserved, or in the performance
of any of the covenants, terms, conditions or
provisions of this Lease and the Lessee shall fail to
remedy such default within thirty (30) days after
written notice thereof from the Lessor, or if the
Lessee shall be adjudged a bankrupt, or shall make an
assignment for the benefit of creditors, or if a
receiver of any property of the Lessee in or upon said
premises be appointed in any action, suit or
proceeding by or against the Lessee, or if the
interest of the Lessee in said premises shall be sold
under execution or other legal process, it shall be
lawful for the Lessor to enter upon said premises, and
again have, repossess and enjoy the same as if this
Lease had not been made, and thereupon this Lease and
everything herein contained on the part of the Lessor
to be done and performed shall cease and determine,
without prejudice however to the right of the Lessor
to recover from the Lessee all rent due up to the time
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of such entry. In case of any such default and entry
by the Lessor, said Lessor may relet said premises for
the remainder of said term for the highest rent
obtainable, and may recover from ~he Lessee any
deficiency between the amount so obtained and the rent
herein reserved:
(f) This Lease and all covenants, provisions and
conditions herein contained shall inure to the benefit
of and be binding upon the successors and assigns of
the parties hereto: provided, however, that no
assignment from, through or under the Lessee in
violation of any of the provisions hereof shall vest
in the assigns of any right, title or interest
whatever:
(g) The Lessee shall be responsible for maintenance and
replacement of light bulbs in study carrels provided
by Lessor for Lessee's use.
6. By executing this Lease the parties acknowledge that
they have mutually inspected the property and agree to accept it
in its current condition.
7. Any notices to be given under this lease shall be in
writing and deposited with the United states Postal Service,
postage prepaid and addressed as follows:
/ / /
/ / /
/ / /
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RE: "PUBLIC ENTERPRISE CENTER" - LIBRARY
City
City Administrator
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Agency
Executive Director
Redevelopment "Agency
300 North "D" Street
San Bernardino, CA 92418
Nothing in this paragraph shall be construed to prevent the
giving of notice by personal service.
IN WITNESS WHEREOF, the parties hereto have executed this
Lease effective as of the date first hereinabove written.
ATTEST:
Secretary
Approved as to form
and legal content:
Agency General COunsel
ATTEST:
City Clerk
Approved as to form
and legal content:
City Attorney
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REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
"Lessor"
By:
W.R. Holcomb, Chairman
CITY OF SAN BERNARDINO
"Lessee"
By:
W.R. Holcomb, Mayor
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Patio
SInIor Lunch
MuI~
Room
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Patio I
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Lobby I
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HIGHLAND
AVENUE
PUBUC ENTERPRISE CENTER
1 Northwelt PAC
2 W....1de DnlpoIn Center
3 CATV
4 PomI and Utility center
EXHIBIT "A"
NORTH
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I People.. ChoIc:e
I LInry
7 Nelghbortloocl Witch
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EXHIBIT -B-
RENTAL SCHEDULE
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1st year - $0.80 per square foot per month
2nd year -$0.83 per square foot per month
3rd year - $0.86 per square foot per month
Area to be occupied: 3,000 square feet
Monthly Rent:
1st year - $2,400
2nd year - $2,490
3rd year - $2,580
Annual Rent:
1st year - $28,900
2nd year - $29,880
3rd year - $30,960
Commencing on the 1st day of 1990, and ending on the last day
June, 1993.
The above includes use of security, parking, including supplies,
utilities, refuse sewage, and structural insurance expenses.
Also includes use of the conference room, multi-purpose meeting
room, lobby, display and restrooms.
All said rent shall be paid at the office of the Lessor in San
Bernardino, California.
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DIIIII'!' C
Janitorial aDd ..intenance Specification.
Daft" ..rwtt!.
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. Empty aDd clean a.btray., .a.teba.ket. aDd other tr..b
receptacle..
. aemoye aDd depo.it all tra.b into dealvnated pickup
containen.
Du.t all de.ka, cbain, table., filinv cabiaet. aDd all
other office furniture.
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Du.t-mop all tile aDd liaoleum floor. plus .tair. aad
lounve..
Vacuum trail. in carpet..
Spot cleaa vIa.. aDd door. at entraace.
Cleaa aDd .aniti.e driakinv fountain..
Cleaa .a.broom fizture. aad .aaiti.e.
aefill .a.hroom di.pea.er..
Wet-mop .a.hroom floor. .ith deterveat aDd .aaiti.e.
Wa.h .pla.h marka from .alls around .iaka aDd mirror..
"ep deodorant blocka in urinal. at all time..
S.eep porch, .tep. aDd aldewelk arouDd buUdinv..
W..ltl" g.rvir!.
.
Wa.h all de.ka aDd table top. that are clear of material.
Wa.h all vIa.. door. aad aluminum ca.tinv. on door..
Damp mop all tile aDd linoleum floor. aDd buff.
Vacuum entire carpet.
Du.t all .indow .ill..
Spot clean door., .all. aDd woodwork.
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P.riadieallv
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Strip mop, .az aDd buff all tUe aDd linoleum floon whan
needad.
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Shampoo entire carpet area. .hea neaded.
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DHI8n D
..ift~.ft.fte. ft' L.ftd.~.DA
1. Now all leWD al'e.. ODee pel' week.
2. WeediDg all planten when Deedell.
3. Spnylng ani! fel'tUldng all leWD uea. e..el'Y '0 4a;-...
.c. Spnylng of bug. on .hl'Ub. when Deeded.
5. Waab all walb aD4 patio once pel' week.
,. Genel'al cle.nup on entll'e lanl!.cape al'ea. ODee pel' ..ek.
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IXIIIBIT "t"
-JIUIUoIC &Iu...olll: a.~_-
ftD.r.~fnft.t .ul.. .ft~ ..aul.~iftft.
1. Hftur. ftf OD.r.~iDft
-
A. ft. -Pub11c ht.rpd.. CeDt.~- ,,111 be Op.D fo~ busines.
acco~4iDg to tbe followiDg .cb.4ul.:
lIoD4ay tbn Pd4ay - , A.II. to , P.II. 1... City
80114ay. .
Satu~4.y - 1 - 5 P.II.
Clo.e4 SuD4.y.
B. Ace... otb.~ th.D th... bou~. ..t be ObtaiDe4 iD WdtiDg
f~om Secu~lty lleD.gemeDt.
2. ..euri~. M.ft.a...ft~
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A. ComplaiDt. of aDY kiD4 ,,111 be baD41e4 by the Secudty
lIeD.gemeDt.
B. S.cu~ity lleD.gemeDt will be tb. oDly "~.OD. baviDg key. to
tbe . outai4. doon of th. bu114iDg aD4 tb. llulti-Pu~pose
".UDg ~oom aD4 CoDf.~uc. ~o_
C. S.cu~ity lleD.gemeDt will be ~..poD.ibl. fo~ .cbe4uling
activiti.. iD tbe llulti-Pu~po.. ...tiDg ~o_ aD4 CoDfereDce
~o_.
D. S.cudty II.D.gemeDt ,,111 .Dfo~c. all Bu114iDg .ul.. .D4
..gUhtiOD. .
J. ~nftf.r.ft~. .nom and MUt~I_Pureo.. ...tinG .Oftm
A. All Le..... may u..tb. CoDf.~eDC. ~oom .D4 llulti-Purpose
...tiDg ~OOlll. Security II.D.g....Dt b.. tb. r..poDaibUity
Of .cb.4u11Dg .ctiviti.., tb.~.fO~., ~...".tiOD. fo~ ..i4
u.. by Le..... ..t be ..4. tb~ougb tb. I.cud ty Guu4.
B. ....~.tiOD. fo~ u.. of tb. CoDf.~.nc. ~oom or
llulti-Pu~po.. meetiDg ~oom _.t .t.t. tb. 4.t., time
begiDDing aD4 .D4ing. of tb. .ctivit:r, .p.clfic .ctivity,
aDd p.noD ~.spoulble for ~.'erntioD befo~. pemillion
,,111 be gr.Dte4 fo~ ..i4 u.e.
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c. ....rv.tioa. for ... of ~ Coaf.r.ac. room or
Multi-Purpo.. ...tia, room will DOt .be ,r.ated ~ Security
1IaJi.,_a' for.cUYlU.. coa.ilS.red. outailS. of tb.
fuacUoaal oper.tioa of t~. Le.... ......i.... .Ucla ..
HUtlc.l. ..Uaga, 'arti.., WedlSia,a, "c.ptioa.,
Co '~it7 ".tia,a, .tc., witbout tb. writtea .utbori..tioa
Of tb. Lea.or.
D. ..noa r..poaaibl. for r...rv.tioa of Coaf.r'Dc, or
Multi-Purpoa. ...tla, rooms ia .1.0 r"poDaibl. to a.. tb.t
tb. rOOlU are cl..aed-up to aonael wear i_lSht.17 .ft.r
ua..
4. a.ftAral Oaar.~lnft.l .ul..
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A. ft.r. w111 be DO uaa.c....t7 l0u4 DOla. tbrou,bout tbe
buillSia,.
8. Aa7'ac!.U.. offic. furaitur., fistur.., aaclai..t7 .ac!
iquiplll8at t.kea frOll tb. bu11lSia, .at be cIa.cke4 out witb
tbe Iecurit7 Naa.'....t.
C. ft.r. win be ao IIOYla, of offic. furaitur. .ac! fistur..
frOll offlc. to office witbout tb..pp~o..l of tb...curlt7
1Ie...,_at.
D.Bo Loit.da, ia th. Lob~, .ac! Secudt7 w111 be r"poDlible.
for .aforclD, thi. rul.. .
ne.. aul.. .ac! a.,ul.Uo..a ere aubj.ct to cIa.a,. if COD4itlOD'
werraDt for r...oD.bl. coac!uct of th.OperaUoa .ac! Control of tbe
-Publlc Eat.rprl.. Cent.r-.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION 0' A LEASE WITH THE REDBVELO~NT AGENCY OF THE CITY OF
SAN BERNARDINO RELATING TO THE PUBLIC ENTERPRISE CENTER-
LIBRARY.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:.
SECTION 1. The Mayor is hereby authorized and directed to
execute on behalf of said City a Lease with the Redevelopment
Agency of the City of San Bernardino, which lease is attached
hereto, marked Exhibit "AW, and incorporated herein by.reference
as fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a meeting thereof, held on the
day of , 1990, by the following vote, to wit:
Council Members:
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ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO RELATING TO THE PUBLIC ENTERPRISE CENTER-
LIBRARY.
The foregoing resolution is hereby approved this day
of
, 1990.
Approved as to
form and legal content:
. W. R. Holcomb, Mayor
City of San Bernardino
JAMES F. PENMAN,
City Attorney
By:
DAB/ses/Library.1se
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