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Home My WebLink About1987-320 1 RESOLUTION NO. 87-320 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE AND AGREEMENT WITH THE PRESBYTERIAN CHURCH 3 (U.S.A.), PRESBYTERY OF RIVERSIDE, AND THE HOME OF NEIGHBORLY SERVICE FOR CERTAIN PROPERTY LOCATED GENERALLY EAST OF THE DAY 4 CARE CENTER ON UNION STREET, EAST OF MT. VERNON AVENUE, SITUATED SOUTH OF UNION AND WEST OF NINTH STREET FOR PARK AND RECREATIONAL 5 PURPOSES. 6 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The Mayor of the City of San Bernardino is 9 hereby authorized and directed to execute on behalf of said City 10 a Lease and Agreement with the Presbyterian Church (U.S.A.), 11 Presbytery of Riverside, and the Home of Neighborly Service for 12 certain property located generally East of the Day Care Center on 13 Union Street, East of Mt. Vernon Avenue, situated South of Union 14 and West of Ninth Street Park for recreational purposes, a copy 15 of which is attached hereto, marked Exhibit "A" and incorporated 16 17 18 herein by reference as fully as though set fOFth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San 19 Bernardino at a regular meeting thereof, held on 20 the 8th day of September , 1987, by the following 21 vote, to wit: 22 23 24 25 26 27 28 AYES: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller None NAY S : None ABSENT: .hMd~ /' City Clerk 9-8-87 1 1 > ./' The foregoing resolution is hereby approved this ~=A/day (-+-j ',1'ti~mfLtU /.' ,! 1987. ij \. )-::.? "f, ><.' r-'/. / / ' ." /..1 //' "I / !,' \.1. " 1/ .' ~ t, /r> A ,(..)v( /l/'vJ I; tt~-G/ct}-f Mayor of the PCity of San Bernardino 2 of 3 4 5 Approved as to form 6 and legal content: 7 ~J )~ 8 Pity Attorney /' ./' 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9-8-87 2 1 2 3 4 5 6 7 8 9 10 11 LEA S E AND A G R E E MEN T THIS LEASE AND AGREEMENT are made and entered into this ~9~X (at/Vi- 'day of , 1987, by and between the PRESBYTERIAN CHURCH (U.S.A.), PRESBYTERY OF RIVERSIDE, hereinafter called "Lessor" (landlord for The Home of Neighborly Service), and THE HOME OF NEIGHBORLY SERVICE, a non-profit corporation, hereinafter called "The Home" and the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter called "Lessee". WITNESSETH: 1. Description of Premises. Lessor leases to Lessee, and Lessee hires from Lessor, as herein provided, the premises 12 located generally East of the Home of Neighborly Service Day Care 13 Center, East of Mt. Vernon Avenue, South of Union and West of the 14 Ninth Street Park, in the City of San Bernardino, and more 15 particularly described as follows: 16 17 18 Lots 17 and 18, and the East 4.85" feet of Lot 19, Tract Maps, page 4, records of the County Recorder of San Bernardino County, State of California. 19 2. Use of Premises. The premises are leased to be used 20 exclusively as and for park and recreational purposes. Lessee 21 agrees to restrict its use to such purposes, and not to use, or 22 permit the use of, the premises for any other purpose without 23 first obtaining the consent in writing of Lessor and The Home. 24 Lessee shall permit Lessor and/or The Home to use the leased 25 premises at any time the same are not in use for programs or 26 activities under the supervision or sponsorship of Lessee. 27 28 1 1 3. Term. The term of this lease and agreement shall be 2 for a period of five (5) years beginning July 1, 1987, and ending 3 June 31, 1992. 4 4. Lease Payments. Lessee agrees to pay Lessor, as and 5 for said premises, the total sum of one dollar ($l.OO) for the 6 term hereof. 7 5. Maintenance. Lessee shall, at its sole cost and 8 expense, keep and maintain said premises, and every part thereof, 9 in good and sanitary order, condition and repair, to include, but 10 not be limited to, mowing, trimming, watering, fertilizing, 11 spraying and whatever else the City's Department of Parks, 12 Recreation and Community Services shall deem necessary. 13 6. Utilities. Lessee shall pay for all water service 14 supplied to the said premises. Lessor and The Home shall pay for 15 all other utilities furnished to the premises for the term of 16 this lease and agreement. 17 7. Termination. Any party may terminate this lease and 18 agreement at any time by the giving of sixty (60) days' advance 19 written notice to the other party. 20 8. Notices. All notices herein required shall be in 21 writing and delivered in person or sent by first class mail, 22 postage prepaid, addressed as follows: 23 24 25 26 27 28 Presbytery Church (U.S.A.) Presbytery of Riverside 1900 North "D" Street San Bernardino, CA 92405 Home of Neighborly Service 839 Mt. Vernon Avenue San Bernardino, CA 92411 City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 2 1 9. Option for Renewal. The Lessee shall have the right to 2 extend this lease and agreement for an additional period of five 3 (5) years upon written notice served upon the Lessor and The Home 4 at least sixty (60) days prior to the expiration date of the 5 lease and agreement. 6 10. Insurance. Lessee, as a governmental entity, is self- 7 insured. Lessee agrees to hold Lessor and The Home harmless 8 hereunder for any and all damage, personal injury or other 9 liability which may arise as a direct result of Lessee's 10 operations or maintenance of the property and to pay any and all 11 sums which may become legally due as a result thereof. 12 11. Indemnitv. The Lessor and The Home agree to indemnify 13 and hold harmless the Lessee and its agents, officers, elected 14 officials, and employees from and against all claims, damages, 15 losses and expenses, including reasonable attorney's fees, in 16 case it shall be necessary to file an action arising out of 17 performance or nonperformance by Lessor and/or The Home of the 18 covenants, agreements and conditions herein which are (1) for 19 bodily injury, illness, or death, or for property damage, 20 including loss of use, and (2) caused in whole or in part by 21 Lessor's and/or The Home's negligent acts or omissions hereunder, 22 or that of its agents, officers and employees, or that of anyone 23 employed by it or for whose acts Lessor and/or The Home may be 24 liable. 25 26 27 28 3 1 IN WITNESS WHEREOF, the parties hereto have executed this 2 Lease and Agreement on the date first hereinabove written. 3 4 5 6 7 8 9 10 11 12 13 14 ATTEST: ~?/;Z?e>,.t:~~// City Clerk 15 Approved as to form and legal content: 16 I~ L ' ! 17 1/ .Jr' 18 19 20 21 22 23 24 25 26 27 28 By HOME OF NEIGHBORLY SERVICE /0-/ p/-_.~.;. z:~ By ./7<;"~',f'~, /.' ',.:7,/ !Z,' '," >'" e,.... l.- t. . ,~ Tit 1 e L=){..( /#/ ..~I'.U., ..\.~ r'P t.-:t;r'" PRESBYTERY CHURCH (U.S.A.) PRESBYTERY OF RIVERSIDE /.:," . /. .~, By ~>L,I ;,'/J.(~ ('J; ". vl f.l+:!r/.,- ',;' . I Title ,~;r<.:...:, -; '/"t/< .. //~; \:,:}-~, "~}~~:.1""-, 4 ~ r, . ~ .--~-. 9TH \I) 3.5 liQ/' I .5f)' ~~t, 6~ A I ~~f!) 7 ~ ..<!T"c!) .,$0 J (~) ( 6'1 '. . () ,--' "t _~u -"-. I A - I I . ' I I 101 I 1 ,r~ I :" 5 : ",.--" ~1q 8 -4 ,'30\ 9 'C-' ~ @ ... 10 ... ,.. Q . ~; 11 " ,.. -.- -\~ UNION 5 4 (i'," ! 12 13 :g 126'0 '~ 14 '5 16 (2~) + @J l@ IX) ", ~ ~ " 10 i 22 .~' ----- -,'- -- - --: I I I : I Df1YI : Li7Kt=l i~ CEtJ~ ~ I I I 21 20 I I I . 23 .~ _ _ _ _ _.L _ _ _ _ -.. 24 ,1' I 119. , . VI ... 30'1.59' ~, ~.,.., ~v, C2~~ fI~ Ef) TO BE L t:.~EA S 'f THt5 C- iT 1 ~ (14') tQ' c,. '..:..../ ~. ~ 25 26 27 28 29 0"0 .a (/2'1 (ij'\ I/O; /9\ ,-" ') ~:~ <~~ 0 '-, '-../ "--' Vi . V (r--" ...... ~ 0(" )3.- " <? '-.-.' .~ 150 43.8 .1.8 - - - ----'>- 8TH . ~ \ ~ 'Longmires Sub. 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