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Home My WebLink About10244 . , . - , . . < 1 RESOLUTION NO. ./tl~~~ 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF CITY HALL-- 3 EXHIBIT HALL GROUND LEASE BETWEEN SAID CITY AND THE SAN BERNARDINO CIVIC CENTER AUTHORITY. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is 7 hereby authorized and directed to execute on behalf of said City 8 a City Hall--Exhibit Hall Ground Lease between said City and 9 the San Bernardino Civic Center Authority, a copy of which is 10 attached hereto, marked Exhibit "A", and referred to and made a 11 part hereof as fully as though set forth at length. 12 I HEREBY CERTIFY that the foregoing resolution was duly 13 adopted by the Mayor and Common Council of the City of San 14 15 Bernardino at a on the -9d' day of / meeting thereof held 16 vote, to wit: , 1970, by the following 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AYES: Councilmen ~ NOES: ~/.-/ ABSENT: $-74.. ~ ./ ~tff({~ The foregoing resolution is hereby approved this ~~~ day of ):~7 ~ - L~" Mayor/ 0 the~~ Bernaf'dino Pro Tempore , 1970. Approved as to form: a;~ II/~ City ttorney (P) FILED MAi 5 1970 ~U~E~FORTH.~~m ~..tJd.i~ 'll2!7Q . J. . CITY HALL - EXHIBIT HALL GROUND LEASE THIS LEASE, dated for convenience as of May 1, 1970, (here- in called the "Ground Lease") by and between the CITY OF SAN BERNARDINO, CALIFORNIA, a municipal corporation, (herein called the "City"), and the SAN BERNARDINO CIVIC CENTER AUTHORITY (herein called the "Authority"), a public entity and agency, duly organized and existing pursuant to an Agreement entitled "Joint Exercise of Powers Agreement between the City of San Bernardino, the County of San Bernardino, and the Redevelopment Agency of the City of San Bernar- dino Creating an Agency to be known as the San Bernardino Civic Center Authority", dated for convenience as of April 27, 1970, (herein called the" Agreement") WITNESSETH: That in consideration of the mutual promises and agreements herein contained, the parties hereto agree as follows: SECTION 1. Demised Premises. The City hereby leases to the Authority the Site described in Exhibit A attached hereto and made a part hereof, subject to the terms hereof and subject to conditions, reservations, exceptions, and rights of way which are of record. SECTION 2. Ownership. The City covenants that it is the owner of the Site described III ]<Jxhibit A hereof. SECTION 3. Term. This Ground Lease shall commence on the date hereof and end one week after the termination of the City's obligations under the City Hall- Exhibit Hall Facilities Sublease, dated for convenience as of May 1, 1970. SECTION 4. Rent. The Authority shall pay to the City an advance rent of $1.00 as full consideration for this Ground Lease over its term. SECTION 5. Purpose. The Authority shall use the Site for the purposes described in the Agreement and for such purposes as may be incidental thereto. SECTION 6. Assignments and Subleases. The Authority shall not assign or sublet the Site except as pro- vided in the City Hall- Exhibit Hall Facilities Sublease. 1 ''s /2!7Q. : ~; SECTION 7. Right of Entry. The Oity reserves the right for any of its duly authorized repre- sentatives to enter upon the Site; at any reasonable time in exercise of the rights and easements reserved in Section 1; provided, however, that any damage to the Site from such entry shall be repaired so that the same shall as nearly as practicable be restored to its former condition. SECTION 8. Expiration. The Authority agrees, upon the expiration of this Ground Lease, to quit and surrender the Site in good order and condition, reasonable wear and tear excepted; provided, that any permanent structures exist- ing upon the Site at the time of the termination of this Ground Lease shall remain thereon and title thereto shall vest in the Oity free and clear of any interest of the Authority. SECTION 9. Quiet Enjoyment. The Authority at all times during the term of this Ground Lease shall peaceably and quietly have, hold and enjoy all of the Site. SECTION 10. Taxes. The Oity covenants and agrees to pay any and all taxes and assess- ments, if any, levied or assessed upon the Site. SECTION 11. Eminent Domain. Bya sublease entitled Oity Hall-- Exhibit Hall Facilities Sublease executed by the parties hereto contemporaneously with the execution of this Ground Lease, the Authority is subleasing to the Oity the Project as described in said Sublease. If the whole or any part of the Project shall be taken under the power of eminent domain, the effect of such taking upon this Ground Lease shall be in accord with the provisions of said Sublease relating to eminent domain. SECTION 12. Notices. All notices, statements, demands, requests, consents, approvals, authorizations, offers, agreements, appointments or designations here- under by either party to the other shall be in writing and shall be sufficiently given and served upon the other party, if sent by United States registered mail, return receipt requested, postage prepaid and addressed as follows: Oity - Oity Olerk, Oity Hall, San Bernardino, Oalifornia Authority- Secretary of the Authority, c/o Oity Olerk, Oity Hall, San Bernardino, Oalifornia. 2 $/~!7Q " . , SECTION 13. Partial Invalidity. If anyone or more of the terms, provisions, promises, covenants or conditions of this Ground Lease shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction each and all of the remaining terms, provisions, promises, covenants and conditions of this Ground Lease shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS "WHEREOF, the parties hereto have caused this Ground Lease to be executed and attested by their proper officers thereunto duly authorized, and their official seals to be hereto affixed, as of the day and year first above written. CITY OF SAN BERNARDINO By Attest: Mayor City Clerk (Seal) SAN BERNARDINO CIVIC CENTER AUTHORITY By Chairman Attest: Secretary (Seal) I HEREBY ApPROVE the form and legality of the foregoing Lease this day of , 1970. RALPH H. PRINCE City A ttorney and ex officio Attorney for the San Bernardino Civic C enter Authority 3 sn.!70 . # -0 SAN BERNARDINO CIVIC CENTER AUTHORITY EXHIBIT A CITY HALL - EXHIBIT HALL SITE All that real property in the City of San Bernardino, County of San Bernardino, State of California, described as: All that real property situated within Central City Project, Calif. R-79 in the City of San Bernardino, County of San Bernardino, State of California, described as follows: That portion of Blocks 13 and 20, CITY OF SAN BERNARDINO per Map recorded in Book 7, Page 1 of Maps in the Office of the Recorder of said County and that portion of "3rd" Street as vacated by said City of San Bernardino per Resolution No. 10192, recorded April 6, 1970, in Book 7418, page 963, Official Records of said County described as follows: Commencing at the intersection of a line parallel with and distant 27.50 feet Easterly, measured at right angles, from the West line of said Block 20 with a line parallel with and distant 45.25 feet Southerly, measured at right angles from the centerline of Court Street, 56.00 feet wide, as said centerline now exists; thence South 89055'49" East along the last mentioned parallel line 196.84 feet; thence South 0004'11" West 210.00 feet to Point "A", being a point on a line parallel with and distant 210.00 feet Southerly, measured at right angles, from said last mentioned parallel line, said point being the TRUE POINT OF BEGINNING: thence South 89055'49" East 35.88 feet; thence South 0004'11" West 14.67 feet; thence North 89055'49" West 25.50 feet; thence South 0004'11" West 40.50 feet; thence South 89055'49" East 217.29 feet; thence South 0004'11" West 67.67 feet; thence North 89055'49" West 15.83 feet; thence South 0004'11" West 15.75 feet; thence North 89055'49" West 31.00 feet; thence South 0004'11" West 6.17 feet; thence North 89055'49" West 25.50 feet; thence North 0004'11" East 21.92 feet; thence North 89055'49" West 99.59 feet; thence 4 ! I2!7Q - .J South 0004'11" West 62.17 feet; thence North 89055'49" West 15.50 feet; thence South 0004'11" West 9.42 feet; thence North 89055'49" West 14.50 feet; thence South 0004'11" West 15.58 feet to a line parallel with and distant 420.00 feet Southerly, measured at right angles, from said last mentioned parallel line ; thence North 89055' 49" West along said parallel line 15.25 feet; thence North 0004'11" East 60.00 feet to a line parallel with and distant 360.00 feet Southerly, measured at right angles from said last mentioned parallel line; thence North 89055'49" West along said parallel line 163.04 feet; thence North 0004'11" East 15.25 feet; thence North 45004'11" East 11.78 feet; thence North 0004'11" East 25.00 feet; thence North 45004'11" East 11.79 feet; thence North 0004'11" East 70.83 feet; thence North 45004'11" East 11.78 feet; thence North 0004'11" East 13.92 feet to a line that bears North 89055'49" West from the point of Beginning; thence South 89055'49" East 127.54 feet to the TRUE POINT OF BEGINNING. 5 ".