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crJ\y i'F SAN BERNARDI"-'> - REQUE:.)T FOR COUNCIL AC."""ON
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From: ROGER G. HARDGRAVE, Director
R E C'D.': AD ~Hflj9!tf'
';ept:
Public Works Department
August 12, 1987
\n3' 'I'" 26. P:l 4: "r;
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LEASE RENEWAL:
Lease by the Ci ty from Home of
Neighborly Services for Park and
Recreation purposes.
FILE NO. 15.06A-22
Qate:
Synopsis of Previous Council action:
None
Recommended motion:
Adopt Resolution
cc: Raymond SChweitzer,City Administrator
James Penman, City Attorney
Warren Knudson, Finance Director
Lewis E. Little
Phonl:
3e4-5328
Contact plrlon:
Supporting data attachad: Staff Rot.. Reso 1 ut i on and Ma D
$5.00
FUNDING REQUIREMENTS: Amount:
Ward:
1
001-~53010
Source: (ACCT. NO.) J"
(ACCT. DESCRIPTION) Land and Building Rental
Finance: t..llt
a L:.. ~
..
Council Notll:
..a_Ill"'"
Agenda Item NO._t, ~
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Clty:OF SAN BERNARDI~ - REQULlr FOR COUNCIL AC'~A)N
STAFF REPORT
On May I, 1978, the City executed a lease with the Home of Neighborly
Services, for the lease of property for Park and Recreation purposes. The
property is located South of Union Street, East of Mt.Vernon Avenue. That
lease has now expired, and the Park and Recreation Department has advised
this department that it wishes to continue leasing the property for Park and
Recreation purposes.
The previous lease was for the amount of $1.00 per year. The City is also
leasing 3 temporary classrooms to the Home of Neighborly Services for $1.00
per year.
We are recommending that the lease be renewed for a period of five years and
that the rate of $1.00 per year remain.
8/12/87
75-0264
,
A ,p./'A JJt')
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'"""'SOLUTION NO. ".>
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH THE HOME OF NEIGHBORLY SERVICE FOR
CERTAIN PROPERTY LOCATED GENERALLY EAST OF THE DAY CARE CENTER ON
UNION STREET, EAST OF MT. VERNON AVENUE, SITUATED SOUTH OF UNION
AND WEST OF NINTH STREET PARK FOR PARK AND RECREATIONAL PURPOSES.
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 fs
hereby authorized and directed to execute on behalf of said City a
Lease wfth the Home of Neighborly Service for certain property
located generally East of the Day Care Center on Union Street,
East of Mt. Vernon Avenue, situated South of Union and West of
10 Ninth Street Park for recreational purposes, a copy of which is
11
attached hereto, marked Exhibit "An and incorporated herefn by
12 reference as fully as though set forth at length.
13
I HEREBY CERTIFY that the foregofng resolutfon was duly
Council of the Cfty of San
14 adopted by the Mayor and Common
15 Bernardfno at a
16 the __ day of
17 to wft:
meeting thereof, held on
, 1987, by the followfng vote,
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AYES:
Council Members
NAYS:
ABSENT:
Cfty Clerk
The foregofng resolutfon is hereby approved this
24 day of , 1987.
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26
Mayor of the City of San Bernardino
27 AP~oved as to form. :.
28 7~
ty Attorney
and legal content:
,
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.LIALE
THIS LEASE is made an~ ~~tered into this
day of
___, 1987, by and between the HOME OF NEIGH-
4 BORLY SERVICE, a non-profit corporation, hereinafter called
5 "Lessor," and the CITY OF SAN BERNARDINO, a municipal corporation,
6 hereinafter called "Lessee."
7 ~ 1 I H E ~ ~ E I tl:
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1. Description of Premises.
Lessor leases to Lessee, and
9 Lessee hires from Lessor, as herein provided, the premises located
10 generally East of the Day Care Center, East of Mt. Vernon Avenue,
11 South of Union and West of the Ninth Street Park, in the City of
12 San Bernardino, and more particularly described as follows:
13 Lots 17 and 18, and the East 4.85 feet of Lot 19, Tract
Maps, page 4, records of the County Recorder of San
14 Bernardino County, State of California.
15
2.
Use of Premises.
The p rem ises are 1 eased to be used
16 excl usively as and for park and recreational purposes.
Lessee
17 agrees to restrict its use to such purposes, and not to use, or
18 permit the use of, the premises for any other purpose without
19 first obtaining the consent in writing of Lessor.
Lessee shall
20 permit Lessor to use the leased premises at any time the same are
21 not in use for programs or activities under the supervision or
22 sponsorship of Lessee.
23
3. ~. The term of this lease shall be for a period of
,
24 five (5) years beginning July 1, 1987, and ending June 31, 1992.
25
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4. Lease Payments. Lessee agrees to pay Lessor, as and for
26 said premises, the total sum of one dollar ($1.00) for the term
27 hereof.
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08/10/87
-1-
EXHIBIT "A"
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5. Maintenance. Lessee shall. at its sole cost and
2 expense. keep and maintain said premises, and every part thereof,
3 in good and sanitary order, condition and repair, to include, but
4 not be limited to, mowing, trimming, watering, fertilizing, spray-
5 ing and whatever else the City's Department of Park and Recreation
6 shall deem necessary.
7
6. Utilities. Lessee shall pay for all water service
8 supplied to the said premises. Lessor shall pay for all other
9 utilities furnished to the premises for the term of this lease.
10
Termination.
Either party may terminate the lease at
7.
11 any time by the giving of sixty (60) days advance written notice
12 to the other party.
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8. Notices. All notices herein required shall be In
14 writing and delivered in person or sent by first class mall,
15 postage prepaid, addressed as follows:
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Home of Neighborly Service
839 Mt. Vernon Avenue
San Bernardino, CA 92411
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
9. Option for Renewal. The Lessee shall have the right
19 to extend this lease for an additional period of five (5) years
20 upon written notice served upon the Lessor at least sixty (60)
21 days prior to the expiration date of the lease.
22 10. Insurance. Lessee, as a governmental entity, Is self-
23 Insured. Lessee agrees to hold Lessor harmless hereunder for any
24 and all damage, personal Injury or other liability which may arise
25 as a direct result of Lessee's operations or maintenance of the
26 property and to pay any and all sums which may become legally due
27 as a result thereof.
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08/10/87 -2- EXHIBIT "A"
1
11. Indemnity. The Lessor agrees to indemnify and hold
2 harmless the Lessee and its agents. officers and employees, from
3 and against all claims, damages, losses and expenses, including
4 reasonable attorney's fees, in case it shall be necessary to file
5 an action arising out of performance or nonperformance by Lessor
6 of the covenants, agreements. and conditions herein which are (1)
7 for bodily injury, illness. or death. or for property damage,
8 including loss of use, and (2) caused in whole or in part by
9 Lessor's negligent act or omission hereunder. or that of its
10 agents, officers and employees or that of anyone employed by it or
11 for whose acts Lessor may be liable.
12 IN WITNESS WHEREOF, the parties hereto have executed this
13 Lease on the date first hereinabove written.
14 ATTEST:
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CITY OF SAN BERNARDINO
By:
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City Clerk
Mayor
HOME OF NEIGHBORLY SERVICE
By:
Title:
Ap roved as to form and legal content:
J.
City Attorney
08/10/87
-3-
EXHIBIT "A"
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