HomeMy WebLinkAbout27-Public Works
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CITY. OF SAN BE~RDINO - REQUESTOOR COUNCIL ACTION
From: ROGER G. HARDGRAVE. Director
Subj~: Resolution Authorizin~ the execution of a
lease agreement: Edgehill Village Home-
owners Association: The South one-half of
Edgehill Road. East of Little Mountain &
720 sq. ft. of Blair Park
Dept: Public WorksfEngineerin~
Date: March 18. 1991
Synopsis of Previous Council action:
NONE
Recommended motion:
cc: Shauna Edwins. City Administrator
Andrew Green. Director of Finance
James F. Penman. City Attorney
Anne DeBolt
5328
Contact person:
Phone:
Staff Report. Resolution. Lease
5
Supporting data attached:
Ward:
None
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.!
N/A
(Acct. DescriPtion)
Finance:
Council Notes:
75-0:'62
Agenda Item No
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CIT~ OF SAN BE,QARDINO - REQUES,oOR COUNCIL ACTION
STAFF REPORT
The proposed lease area was part of the Northern edge of Blair Park (owned in fee by
the City of San Bernardino) and had been utilized as a public street until vacated in
March. 1991.
The Ed~ehill Village Homeowners Association has been trying to provide security for
the condominium owners and tenants for approximately one year. They plan to fence the
entire Southern perimeter of Edgehill Road and install automatic ~ates. The plans
involve the need of approximately 720 square feet of Blair Park property. As a
consideration for the lease. Ed~ehill Village Homeowners Association has aRreed to pay
the sum of S2880. plus one dollar per year for the 50 year term of the lease. They
plan to pay the lease in full upon execution. The total amount of the lease payment
is S2930.00.
The Edgehill Village Homeowners Association and City Staff have agreed to two (2)
twenty-five (25) year lease options with terms and conditions to be agreed upon at the
time the option(s) are exercised.
The Lessee shall be responsible for the maintenance of any and all improvements
including the wrought iron fence. The existing sewer line will be quitclaimed to the
homeowners and itt maintenance will become their responsibility.
Easements have been retained across the subject property for the City
Bernardino. SoCalGas. Southern California Edison. Chambers Cable. ingress and
of emergency vehicles and the owners of property in Tract No. 11047.
of San
el'(ress
03/18/91
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CITY OF SAN BERNARDINO
FILE NO.: /5.01c- /3~
LOCATION: E,q-sr OF /-1 TrLt:
HOllN"'7?7IN ..])R.IVE
lEASE FOR: SOu.nte:<l- Y HALF OF
e~HI'-'- R.t:>,ql>J EASt OF
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PLUS 7~O l/1 ~)- OF THe
II t!JR.77iSCI...Y ED6?E tF .l1I.I111!:. PM
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF LEASE WITH EDGEHILL VILLAGE HOMEOWNER'S ASSOCIATION. RELATING TO CERTAIN
REAL PROPERTY SITUATED EAST OF LITTLE MOUNTAIN DRIVE AND BEING THE SOUTHERLY
HALF OF VACATED EDGEHILL ROAD.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of said City, a Lease relatin~
to certain real property located East of Little Mountain Drive and being the
Southerly half of vacated Edgehill Road. a copy of which is attached hereto,
marked Exhibit "A" and incorporated herein by reference as fully as though
set forth at length.
SECTION 2. The authorization to execute the above-referenced
agreement is rescinded if the parties to the agreement fail to execute it
within sixty (60) days of the passage of this resolution.
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LEASE IlITH.JiIIt EDGEHILL VILLAGE H0MEulltiEl<S A:>SlX.1AllUJIl - ;'ULHIl:.KLl I1"Ll
EDGEHILL RO~EAST OF LITTLE MOUNTAIN DRIVE(:)
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I HEREBY CERTIFY that the fore~oing Resolution was duly adopted by
2 the Ma~'or and Common Council of the City of San Bernardino at a
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day of
meeting thereof. held on the
. 1991. by the following vote. to wit:
COUNCIL MEMBERS
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
Ci t~,- Clerk
The foregoing resolution is hereby approved this
dav of
. 1991.
W. R. Holcomb. Mayor
Citv of San Bernardino
Approved as to form
and legal content
James F. Penman
Ci ty ",Uorney
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LEASE AGREEMENT - LEASE NO. 15.06-138
This Lease is made as of this
day of
. 19
by and
between the CITY OF SAN BERNARDINO. a municipal corporation. hereinafter
referred to as "Lessor" and EDGEHILL VILLAGE ONE HOMEOWNERS ASSOCIATION. a
California corporation. hereinafter referred to as "Lessee".
Recital~
This Lease is made and entered into with respect to the following facts:
A. Lessor is the owner of the property herein described.
B. Lessee owns the adjacent property. and desires to 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 hereby agree as follows:
1 . !,ropertv.
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 Edgehill 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:
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 790 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 670
09' 42" East: thence Northerly along said curve through
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SO~Y HALF OF EDGEHILL ROAD, EASTd LITTLE MOUNTAIN DRIVE.
a central angle of 910 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
throu!!h a central angle of 180 56' 26", a distance of
117.35 feet to the True Point of Beginning; thence
continuin!! along said curve through a central an!!le of
390 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, throul(h a central angle of 840 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 160 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 580 43' 52", a distance of 276.77 feet to the
beginning of a non-tangent curve, concave South-westerly
and having a radius of 50.00 feet, a radial from said
point bears South 440 13' 51" West; thence Southeasterly
along said curve through a central angle of 450 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 2550 51' 14", a distance of 232.21 feet to a reverse
curve, concave Northeasterly and having a radius of
50.00 feet; thence Northwesterly along said curve
through a central angle of 330 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 throu!!h a central anl(le of 620
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 140 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 240
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 throu!!h
a central angle of 1290 59' 09", a distance of 158.81
feet to a reverse curve, concave Northwesterly and
having a radius of 50.00 feet; thence continuinl(
Southerly along said curve through a central angle of
270 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 760
49' 30" West; thence continuin!! Southerly along said
curve through a central angle of 330 26' 41", a distance
of 172.20 feet; thence along a radial line bearing South
430 22' 49" East, a distance of 60.00 feet, more or
less, to the True Point of Beginning. EXCEPTING THERE-
FROM the Northerly half thereof.
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LEASE:
SOUTHERLY HALF OF EDGEHILL ROAD.
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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 SoCalGas
Company, and the right at any time, or from time to time to construct,
maintain, operate. replace and renew one or more pipelines and appurte-
nances thereto, for the transportation of water and for the transportation
of natural gas. and for incidental purposes, including the right of ingress
and egress thereto.
B. Easements for Southern California Edison and Chambers Cable of
Southern California to construct, place operate. inspect. maintain. repair.
replace and remove such aerial and underground communication structures alld
electrical transmission structures respectively, as the companies may from
time to time require consisting of poles. anchors. wires. cables. conduits.
manholes. markers. and necessary fixtures and appurtenances.
C. An easement for the City of San Bernardino providing ingress and
egress of emergency vehicles over the above described property.
D. There are specifically reserved to the owners of property in said
Tract No. 11047, their heirs and assigns, the use and benefit of ingress WId
egress rights over the above described property.
In utilizing the easements described in Paragraphs A through D above.
the holders of the easements shall do as little damage as is practical to
any improvements, of any nature. which Lessee has by then constructed upon
the leased property, and will promptly restore the leased property, as far
as is practical, to its immediately prior condition.
2. Use Restrictions.
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LEASE:
SO~RLY HALF OF EDGEHILL ROAD,
EAST OF LITTLE MOUNTAIN DRIVE.
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1 A. Lessee's permitted uses of the leased property shall be limited to
2 (a) construction, installation and maintenance of automatic ~ates and the
3 construction, installation and maintenance of wrou~ht iron fences and
4 attendant manual gates along the extreme Southern edge of the sidewalk which
5 currently exists at the Northerly edge of Blair Park. Said fencing is to be
6 installed in such a manner as to provide for a six inch (6") mow strip
7 between the fence and lawn area. The resulting enclosed area may be used
8 for residential parking, except where parking would hamper or block access
9 to emergency gates, (b) landscaping, (c) construction, installation, and
10 maintenance of the by-pass area (approximately 720 square feet of Blair
11 Park) along with any telephone or other communication equipment necessary,
12 and (d) such on-site and off-site improvements as shall be required by the
13 City of San Bernardino or any other local governmental entity having
14 jurisdiction over the leased property with respect to such improvements.
15 No other use shall be permitted.
16 3. Lease PaYments.
17 A. For the lease period May 1, 1991 through April 30, 2041, the total
18 rental consideration shall be fifty dollars ($50.00). For the same lease
19 period, May 1, 1991 through April 30, 2041, the rental consideration for the
20 use of the 720 square feet of Blair Park shall be Two Thousand Eight Hundred
21 Eighty Dollars ($2,880.00), and the total combined rental consideration
22 shall be Two Thousand Nine Hundred Thirty Dollars ($2,930.00), which shall
23 be due and payable upon execution of said Lease.
24 4. Term.
25 The term of this agreement shall be for a period of fifty (50) years,
26 commencing May 1, 1991.
27 5. Option to Renew Lease.
28 Six (6) months prior to the end of the original 50 year lease, Lessee
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LEASE:
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SOU~RLY HALF OF EDGEHILL
LITTLE MOUNTAIN DkI.E.
J
ROAD, EAST OF
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shall have the option to enter into a twenty-five (25) year renewal option.
Terms shall be those agreed upon by Lessor and Lessee at that time. Lessee
shall also have the option to enter into a 2nd twenty-five (25) year renewal
option by notifying Lessor of Lessee's desire to do so six (6) months prior
to the expiration of the first option to renew.
6. Improvements.
Lessee shall not make. or suffer to be made, any alterations to the de-
mised premises. or any part thereof, other than as set forth in Paragraph 2
herein, without the prior written consent of Lessor. Anv and all
alterations and/or improvements made to the demised premises pursuant to
this section shall. upon termination of this Lease agreement, remain as a
part of the premises and at no cost or obligation to the Lessor.
7. Maintenance.
Lessee shall. at Lessee's own cost and expense. keep and maintain all
improvements hereinafter constructed on the property in good condition and
repair. and shall use all reasonable precaution to prevent waste. damage or
injury to the property. Lessor shall. at any reasonable time, have the
right to go upon the property and inspect and examine the same relative to
such maintenance and upkeep.
8. Utilities.
Lessee shall pay for all electricity. gas. water. telephone service, and
all other services and utilities, including service installation fees and
charges for such utilities during the term of this Lease.
9. Ownershi.p.
Lessee acknowledges Lessor's title. paramount interest and ownership of
the subject property, and Lessee agrees never to challenge or contest said
title. ownership or interest of Lessor.
10. Encumbrance~.
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LEASE:
SO~Y HALF OF EDGEHILL ROAD.
EAST OF LITTLE MOUNTAIN DRIVE,
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1 Lessee shall payor cause to be paid. all costs of construction and/or
2 installation of the automatic ~ates and the wrought iron fencing and manual
3 gates. and all utilities used in connection with said fencing and gates.
4 Lessee shall keep the property free and clear of any and all claims arising
5 out of performance of work. furnishing of materials. and use of utilities.
6 11. Permits and Fees.
7 Lessee shall obtain all necessary permits and pay all license fees. assess-
8 ments. taxes. penalties or fines which may be levied against said property.
9 12. Taxes/Possessorv Interest.
10 Lessee covenants during the term of this Lease to pay. when due. all
11 taxes and assessments that may be assessed or imposed upon the Lessee's
12 possessorv interest in and to the premises and upon personal property
13 located on the leased premises. During Lessee's possession and use of the
14 leased premises. should any taxes thereon be assessed against Lessor. Lessee
15 agrees to indemnify Lessor thereon.
16 13. Rul~s and Re~lations.
17 Lessee shall observe all rules. regulations. codes and enactments of
18 the Lessor and all applicable statutes of the State of California in con-
19 structing. installing and maintaining said fencing and gates.
20 14. t\mendment.
21 This agreement may be amended or modified only by written agreement
22 signed by both parties.
23 15. Liabilitv Insura~ce.
24 Lessee agrees to procure and maintain in force during the term of
25 this agreement and any extension. at its expense. public liability insurance
26 in companies and through brokers approved bv Lessor through its Risk
27 Manager. adequate to protect against liability resulting from. arisin~ out
28 of. or in anY way connected with. the construction. installation and main-
,
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SO~RLY HALF OF EDGEHILL ROAD, EAS~ LITTLE MOUNTAIN DRIVE.
1 tenance of the fencing and gates in a minimum amount of at least ONE MILLION
2 DOLLARS ($1,000,000.00) combined single limit. Lessee shall provide to
3 Lessor's Risk Management Division, an annual policy of insurance which
4 inc1 udes :
5 A. The City of San Bernardino as an additional named insured;
6 B. The insurance company name, policy number, period of coverage and
7 the amount of insurance;
8 C. Condition that Lessor be ~iven notice. in writing, at least
9 thirty (30) days prior to cancellation, material change or refusal
10 to renew policy; and
11 D. Condition that Lessee's insurance will be primary to anv coverage
12 that Lessor may have in effect.
13 16. Damage bv Fire, Earth~ake or Calami tv.
14 If by earthquake. flood or other similar calamity or act of God, or if
15 by fire, act of war or other similar cause, any existing improvements, or
16 the improvements to be constructed by Lessee on the leased property are
17 destroyed or damaged to a substantial degree, Lessee shall repair them when
18 such repairs can be made in conformity with any applicable law, and if,
19 within ninety (90) days after the date when such destruction or damage
20 occurs, Lessee has not commenced repair or reconstruction, the Lessor may
21 terminate this Lease upon forty-five (45) days' written notice to Lessee.
22 If so terminated, then Lessee shall, at its own expense, and upon election
23 by Lessor, forthwith remove any or all of the damaged improvements.
24 17. Indemnification.
25 Lessee shall exercise its privileges under this Lease at its own risk.
26 Lessee shall indemnify and hold harmless Lessor, its elective and
27 appointive boards. commissions, officers, agents and employees from
28 liability resulting from, arising out of, or in any way connected with, the
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LEASE: SO~Y HALF OF EDGEHILL ROAD.
EAST OF LITTLE MOUNTAIN DRIVE.
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1 construction. installation and maintenance of said ~ates or fencing. or with
2 the occupation of the property. including claims resulting from the conduct
3 of Lessee, its employees, invitees. guests or agents of Lessee, or Lessee's
4 failure to perform its promises in connection herewith. Lessee shall defend
5 Lessor. its elective and appointive boards. commissions. officers, agents
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6 and employees from any suits or actions at law or in equity for damages
7 caused, or alleged to have been caused. by reason of any of Lessee's
8 operations under this agreement. Lessor shall not be liable to Lessee if
9 Lessee's occupation or use of the property is hindered or disturbed.
Notwithstanding the provisions of this Section 17. Lessee shall not be
responsible for, and shall not be obligated to indemnify Lessor against any
liability resulting from. arising out of; or in any way connected with. the
use of the leased property by Lessor, SoCalGas Company. Southern California
Edison. Chambers Cable. or anv other entity or governmental or quasi-
governmental agency entering the leased property pursuant to the easements
retained in accordance with Paragraphs A. B. C and D of Section 1 hereof.
18. Notices.
All notices herein required shall be in writing and delivered in
person or sent by certified mail. postage prepaid. addressed as follows:
LESSOR:
LESSEE:
CITY OF SAN BERNARDINO
Real Property Section
300 North "n" Street
San Bernardino. CA 92418
(714) 384-5111
EDGEHILL VILLAGE ONE HOMEOWNERS ASSOC.
c/o Edgehill Management Corporation
1700 North "E" Street. Suite f;102
San Bernardino. CA 92406
(714) 886-0794
19. Recordation.
25 Lessor shall have this Lease recorded in the Office of the Countv
26 Recorder, San Bernardino County, State of California. to~ether with the
27 appropriate Resolution of the Governing Body of Lessor. Lessee shall pay any
28 fees charged for the recordation of this lease document.
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LEASE: ~UUIHEkLt HALt ut hUbhHiLL rtUAU,
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1 20. Condition of Propertv Upon Surrender.
2 Upon termination of this a~reement, Lessee a~rees to surrender the
3 said property occupied under the Lease herein ~ranted, in as ~ood
4 condition as same was at the time of Lessee's original entrv. and to remove
5 any and all ~ates and fencin~ upon demand of, and without expense to,
6 Lessor. If Lessee fails to do so. Lessor shall have the right to remove the
7 gates and fencin~ at the expense of Lessee, who shall pay the amount of the
8 expense to Lessor on demand. Lessor mav elect to take possession of and
9 appropriate to itself without payment anv property of Lessee, or anyone
10 claiming under Lessee, which Lessee fails to remove after notice.
11 21. Severabi1itv.
12 In the event this agreement, or anv portion thereof. should be
13 determined to be void. illegal or improper. for any reason whatever, all
14 other portions of the agreement shall remain fully enforceable to the extent
15 possible after such determinations.
16 22. Default.
17 In the event Lessee shall be in default in the payment of rentals,
18 taxes. or other charges hereunder, or shall otherwise breach its covenants
19 or obligations hereunder. and shall be and remain in default for a period of
20 thirty (30) days after written notice from Lessor to it of such default,
21 Lessor shall have the right and privilege of terminating this Lease and
22 declarin~ the same at an end. and of entering upon and taking possession of
23 said premises. and shall have the remedies now or hereafter provided by law
24 for recovery of rent and/or taxes. repossession of the premises and damages
25 occasioned by such default. If such default should occur. then Lessor shall
26 have the ri~ht to take possession of and appropriate to itself without
27 payment therefor. any property of Lessee or anvone claiming under him. then
28 remaining on said premises.
01/18/91 9
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LEASE:
SOUTllliRL'L hALF ()j, hJJGEHILL J<OAlJ,
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LII1LL Muu~lAl~ Ukl~L.
1 23. Effect of Lessor's waiver.
2 Lessor's waiver of breach of one term, covenant, or condition of this
3 Lease is not a waiver of breach of others, nor of subsequent breach of the
4 one waived. Lessor's acceptance of rent installments after breach is not a
5 waiver of the breach. except of breach of the covenant to pay the rent
6 installment or installments accepted.
7 24. Lease Applicable to Successors, Etc.
8 This Lease and the terms, covenants and conditions hereof apply to, and
9 are bindin~ on the heirs, successors, executors, administrators and assi~s
10 of the parties hereto.
11 25. Co~plete Agreement/Lease.
12 This document represents the total and complete agreement and no other
13 written and/or oral agreements exist in this regard.
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SOUTHEI<Li: HALF vJ; 11JGi:.H1LL J<UAU, i:.AS1 vt LlJ ILL rlVUI';JAll'; l)J<1\L.
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1 IN WITNESS WHEREOF, the parties hereto have executed this agreement on
03/18/91
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the date first above written.
DATED:
ATTEST:
RACHEL KRASNEY, City Clerk
LESSEE:
DATED: ~j ~ /99/
Approved as to form
and le~al content:
JAMES F. PENMAN.
City Attornev
/1 ~
*~ 2kA~h
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LESSOR: CITY OF SAN BERNARDINO
Bv:
~. R. HOLCOMB. Mayor
EDGEHILL VILLAGE ONE HOMEOWNERS ASSOCIATION,
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CHRIS DOWNARD. Treasurer
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