HomeMy WebLinkAbout11533
,
.-
,
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
,-.
.. ,
"-"
-
.........
RESOLtITION NO. / 1.~1', :3
.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH MEADOWBROOK COMMUNITY ORGANIZATION
FOR THE PURPOSE OF OPERATING A CONCESSION STAND.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNC IL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
authorized and directed to execute on behalf of said City a
lease with Meadowbrook Community Organization for the purpose
of operating a concession stand, a copy of which is attached
hereto, marked Exhibit "A" 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
meeting thereof,
held on the
day of
1973, by the
following vote, to wit:
AYES:
NAYS:
ABSENT:
~
/-~;'#'''r-' ~
~/' Cl.ty Cler
The foregoing reso14tion is hereby approved this .~
day of ~~k./, 1973.
/
Approved as to form:
1/ .~O
: '<., .. 't/<.L.
City A~
-', e,-_,
SEP 1 ~ 1~/.:.i
,
1
2
3
4
S
6
7
8
9
10
11
12
13
14
IS
16
17
18
19
20
21
22
23
24
2S
26
27
28
,-
~
,",,'
~" ,,..
LEA S E
(Meadowbrook Community Organization
Concession Stand)
/, THIS LEASE, made and executed this /?~ day of
~~~4) , 1973, by and between the CITY OF SAN BERNARDINO,
a municipal corporation, hereinafter called "Lessor", and
MEADOWBROOK COMMUNITY ORGANIZATION, hereinafter called "Lessee".
WIT N E SSE T H:
-----
For and in consideration of the covenants and agreements
hereinafter contained, the Lessor does agree to permit the
Lessee to use, for the purpose of operating a concession stand,
a portion of the property situated at the southwest corner of
Rialto Avenue and Allen Street in the City of San Bernardino,
County of San Bernardino, State of California, known as
Meadowbrook Recreation Center Concession Stand.
1. Term. The term of this Lease shall be for a period
commencing upon the date of execution hereof and ending on
January 1, 1978, for consideration of the sum of one dollar
($1.00), receipt of which is hereby acknowledged, being the
rental for said property for said period. Said term may be
extended by mutual consent of the parties for an additional perio
of five (5) years upon such terms as may be approved by Lessor.
2. Improvements. The Lessee shall not erect or alter or
cause or allow to be erected or altered any structures or
improvements without the approval of Lessor first had and
obtained.
3. Use. The leased premises shall be used by the Lessee
for the purpose of maintaining a concession to sell refreshments
,-
o
-
\.J
1
at said location and for no other purpose without the written
2 consent of the Lessor. Activities shall be conducted in com-
3 pliance with the requirements of the Park and Recreation Director
4 as agent of Lessor.
5 Lessee shall clean the grounds of all debris and remove
6 trash each time the concession building is used.
7 Lessor or any permittee or licensee of Lessor shall have
8 the use of the property and improvements at any time when same
9 are not in use by the Lessee.
10
4. Concession Rights. Lessor shall connect and provide
11 water, sewer, and lighting facilities therefor. Lessee shall
12 have first use, preference and exclusive concession rights in
13 connection with the use of said property and improvement during
14 the term of this Lease.
15
5. Insurance. The Lessee shall hold the City of San
16 Bernardino and its employees and agents free and harmless from
17 any liability which may arise out of any accident or injury
18 resulting from the use of said property and improvements while
19 under the use or control of said Lessee, and shall furnish the
20 Lessor with evidence of insurance protection in the amount of not
21 less than one hundred thousand dollars ($100,000) for injury or
22 death of one person, three hundred thousand dollars ($300,000) fo
23 injury or death of more than one person, and twenty-five thousand
24 dollars ($25,000) for property damage. and the insurance policy
25 shall name the Lessee and the City of San Bernardino and its
26 officers, employees and agents as assureds.
27 Lessor shall also obtain a policy of fire insurance on the
28 structures with the Lessor as named beneficiary in the amount of
twenty-five thousand dollars ($25,000).
-2-
o
-
'-'
6. Sublet. Lessee shall not sublease, assign or encumber
in any manner their interest or any part thereof in said property
and improvements without first obtaining the written consent of
Lessor.
7. Care. The Lessee shall comply with each and every law
and regulation of the State and City and shall not cause or
permit waste, injury to or destruction of the premises, property
or improvements.
8. Lessor's Remedies upon Default. As an alternative
remedy to any other remedies available to Lessor, upon default
in the performance or fulfillment of any covenant or condition
contained herein and failure to remedy such default within ten
(10) days written notice from Lessor so to do, Lessor may at its
option and without notice to quit or other formality reenter the
premises and take full possession thereof, together with all
improvements placed thereon and remove any and all persons
employed by or agents for the Lessee. The rights and remedies
of Lessor, as hereinabove set forth, are cumulative only and
shall in no way be deemed to limit any of the provisions of this
Lease or otherwise deny to Lessor any right or remedy at law or
in equity which Lessor may have or assert against Lessee under
any law in effect at the date hereof or which may hereafter be
enacted or become effective, it being the intent hereof that
the rights and remedies of Lessor, as hereinabove set forth,
shall supplement or be in addition to or in aid of the other
provisions of this Lease and of any right or remedy at law or
in equity which Lessor may have against said Lessee.
IN WITNESS WHEREOF, the parties hereto have executed
this LEASE on the date first hereinabove written.
-3-
... ','.
,-'
'---
1
ATTEST:
2
3
/) ~
. .. I
.- t/ ':L/'
~C~rk
,/
{
4
5
6
7
8
9
10
11
12
13
14
15
Approved as to form:
~~
16
17
18
19
20
21
22
23
24
25
26
27
28
"'--
CITY OF SAN BERNARDINO
LESSOR
MEADOWBROOK COMMUNITY ORGANIZATION
LESSEE
By 4#,/'-r~~--
Pr s nt
-4-