HomeMy WebLinkAbout1980-077
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RESOLUTION NO.
xo - '77
2]i RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
il EXECUTION OF A PARKING AG~MENT WITH H. FRANK DOMINGUEZ, DBA
3 : VANIR RESEARCH COMPANY, A~ THE REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO RELATING TO THE LEASING OF 85 PARKING SPACES BY
4 THE AGENCY AT THE SOUTHWEST CORNER OF THE FOURTH LEVEL OF THE FIVE
LEVEL PARKING STRUCTURE LOCATED AT THE NORTHEAST CORNER OF SECOND
5 AND "E" STREET.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
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hereby authorized and directed to execute on behalf of said City
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an Agreement with H. Frank Dominguez, dba Vanir Research Company,
and the Redevelopment Agency of the City of San Bernardino, re-
lating to the leasing of 85 parking spaces by the Agency at the
southwest corner of the fourth level of the five-level parking
structure located at the northeast corner of Second and "E"
Streets, a copy of which is attached hereto marked Exhibit "A" an
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 at
a ~4.dtvJ
day of 7 .PA~
, 1980, by the following
meeting thereof, held on
the I % tf..
vote, to wit:
AYES:
Councilmen
(lAaTI1/IU-"'" ~ w~/ &fd'Kd'-?-.
f/rHt--f'h...-J
NAYES:
(l MAai-f'; I/J"~ l1M"(~
{l"
/1~
a dLlh?t/ ..Jt/i A~Ic-/.-eJ
"
ABSENT:
~d/ 4dd
Ci ty c1.erk
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----r
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2 of
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The foregoing resolution is hereby approved this
dav
, 1980.
Mayor of the City of' San Bernardino
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Approved as to form:
hf/A,,~
y rne
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I disapprove of the foregoing Resolution for the following reasons:
1. The rent for said spaces does not commence for seven years. At
current rates of inflation, rent seven years hence, if using 1980 dollars,
should be at least $3,000 per month.
2. The lease as presented to me
cost against future rental payments.
public funds.
3. There has been no convincing evidence presented by the developer
that he must have 85 designated spaces in order to lease the building.
4. Designating specific parking spaces is contrary to the original
planning concept of this parking structure and will produce shortfall of
parking if this precedent is expanded.
5. The taking away of these additional 85 spaces from general public
use, on a permanent basis, decreases the flexibility of the structure to
accommodate the pa~needs of the immediate area.
Dated thi~ day of February, 1980.
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gives lessee credit for maintenance
This constitutes an illegal gift of
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RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A PARKING AGREEMENT WITH H. FRANK DOMINGUEZ, DBA
3 VANIR RESEARCH COMPANY, AND THE REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO RELATING TO THE LEASING OF 85 PARKING SPACES BY 1
4 THE AGENCY AT THE SOUTHWEST CORNER OF THE FOURTH LEVEL OF THE FIVE1
LEVEL PARKING STRUCTURE LOCATED AT THE NORTHEAST CORNER OF SECOND
5 AND "E" STREET.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION l. The Mayor of the City of San Bernardino is
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hereby authorized and directed to execute on behalf of said City
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an Agreement with H. Frank Dominguez, dba Vanir Research Company,
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and the Redevelopment Agency of the City of San Bernardino, re-
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lating to the leasing of 85 parking spaces by the Agency at the
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southwest corner of the fourth level of the five-level parking
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structure located at the northeast corner of Second and ~'E"
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Streets, a copy of which is attached hereto marked Exhibit "A" and
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incorporated herein by reference as fully as though set forth at
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length.
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I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
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Bernardino at a
hf"jdf
<~d'''h~:f
" 1980, by the following
meeting thereof, held on
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~
the
day of
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vote, to wit:
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Councilmen
~?Z/r:J0/ /f'nubf ~17/1/;:A;;_
"'" J
AYES:
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,aid:u,?
~,(Jn~vv!wRrJ,~y, "'~~~ ~~/"~/.f)
:;2---71./
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NAYS:
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ABSENT:
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~//rq4J 4~${./
~ C~ ty Cler
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ur
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The foregoing resolution is hereby approved this
day
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IOf
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, 1980.
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Mayor of the City of San Bernardino
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Approved as to form:
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~~.f..,
lty Att ney
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Disapprove of the foregoing resol ution because of the credit gi ven
against future rents for the maintenance charge. Also because the upset
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price on maintenance charge does not meet projected inflationary costs.
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PARKING AGREEMENT
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(five-level parking structure)
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THIS AGREEMENT made and entered into this
day of
4 , 1980, by and between H. FRANK DOMINGUEZ,
5 dba VANIR RESEARCH COMPANY, hereafter called "Developer" and
6 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public body,
7 corporate and politic, hereafter called "Agency", and the CITY OF
8 SAN BERNARDINO, a municipal corporation, hereafter called "City".
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WHEREAS, Agency is the owner in fee of that property
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situated in the City of San Bernardino, County of San Bernardino,
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California, hereinafter referred to as the "Parking Structure",
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as shown on Exhibit "F" attached hereto and incorporated herein
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by this reference; and
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WHEREAS, City is the Lessee of said Parking Structure
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under Lease Agreement with Agency dated September 4, 1972, as
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amended, except for 85 parking spaces at the southwest corner of
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the fourth level of the five level parking structure, and City
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operates the lease portion of said Parking Structure as a public
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parking lot; and
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WHEREAS, Agency has concluded that the loss of business
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at the building located on the northeast corner of Second Street
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and "E" Street, hereafter called "building", owned by Developer
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is due in part to inadequate parking facilities for the occupants
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of said Building and their customers; and
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WHEREAS, Agency has further concluded that it is not
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feasible to renovate said Building and increase its attractiveness
I to businesses so that first class commercial, retail and office
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users will locate in said building unless adequate parking
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facilities are provided forI and
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2 WHEREAS, Developer agrees to renovate said Building for
3 first class commercial, retail and office users, provided satis-
4 factory arrangements are made for adequate parking facilities to
5 aCCOtlVlOOate such users I and
6 WHEREAS, Developer is unable to obtain the necessary
7 financing from any lending agency unless adequate parking is
8 designated and set aside for the use by the building's tenants
9 and their customersl and
10 WHEREAS, City and Agency find that providing satisfactory
11 arrangements for parking for the users of said Building is in the
12 best interests of the public and for the revitalization of "En
13 Street and as part of the redevelopment of the Central City
14 Project Area, which will generate tax monies for the city and the
15 Agency, and wish to induce Developer to renovate said building
16 and to attract first class users for the samel and
17 WHEREAS, the Developer is willing to pay a rental for
18 each parking space,
19 NOW, THEREFORE, in consideration of the mutual agreements
20 herein contained the parties covenant and agree for themselves,
21 their heirs, successors and assigns, as follows:
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SECTION l. Agency agrees to lease to Developer and
23 Developer agrees to lease from the Agency, for the exclusive use
24 of Developer and his nominees, eighty-five (85) parking spaces
25 located on the southwest corner of the fourth level of the Parking
26 Structures, as designated on the attached Exhibit "F", incor-
27 porated herein by reference and made a part hereof as fully as
28 though set forth at length.
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SECTION 2. Developer and his nominees shall enjoy the
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right to use, for the consideration set forth hereinbelow, on a
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jnon-exclusive basis the entrances, exits, driveways, walks,
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I elevators , stair wells and other common areas of the Parking
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IStructure for vehicular and pedestrian use in addition to the
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!excluSive use of the foregoing eighty-five (85) spaces.
SECTION 3. The City shall maintain and keep in good
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repair the Parking Structure and the right-of-way over common
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the Parking Structure, and shall keep said common areas
lighted
we~~~~~ and clear and free of rubbish and obstructions
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II of every nature. Developer shall have the right to designate
12 said spaces, to limit the length of parking in the spaces, and
13 further restrict the use of said spaces by his nominees in the
14 fashion desired by Developer. Developer's designation and mark-
15 ing of spaces shall conform to any uniform system of marking and
16 signing adopted by the Mayor and Common Council and generally
17 applicable to designated spaces in the structure. The Developer
18 shall maintain at all times insurance against claims for personal
19 injury or property damage in an amount not less than One Million
20 and 00/100 Dollars ($l,OOO,OOO.OO), with respect to injuries in
21 anyone accident, and, Fifty Thousand and 00/100 Dollars
22 ($50,000.00), with respect to property damage. All such policies
23 shall name the City and the Agency as additional insureds.
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SECTION 4. It is the intention of the parties hereto to
25 assure the availability of the foregoing parking spaces for
26 Developer and his nominees and their business invitees, licensees,
27 customers and employees. The City and Agency further agree that
28 in the event City or Agency is in default of its obligations
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under the terms and conditions of this agreement and while
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Developer is not in default of his obligations pursuant to this
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iagreement, then Developer shall have the right, upon service of
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I ten days notice to the City and Agency, to assume the obliga-
Itions of the defaulting party, including all reasonably necessary
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'I 'steps to provide the parking spaces set forth in Sections land 2
hereinabove. During the ten day period of the notice, City
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or Agency shall have the right to remedy its default.
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SECTION 5. Developer agrees to pay to the Agency as
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I consideration for the foregoing a monthly rental, commencing on
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Ithe first day of the first month following the seventh (7th) i
[anniversary of this agreement, of One Thousand Two Hundred seventyf
Five and OOjlOO Dollars ($l,275.00). Annually beginning one year I
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after commencement of rental payments hereunder the monthly rental!
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shall be adjusted upwards or downwards based upon change in the I
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16 Consumer Price Index as provided hereafter. During the first
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seven years of this agreement, Developer shall pay to City its
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actual costs of maintenance and security for the eighty-five
(deleted 2-18-801
spaces, 1l6i:- ~w "-e>fGee<l. -$ - +,~.-()(}- - - - - - - - ~ -~p ~yea,F. The amount
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so paid to the City for maintenance and security shall be allowed
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las a credit against subsequent rental payments, to the agency.
I In consideration of the City maintaining the Parking
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IStructure and the common areas, the Agency agrees to turn over to
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Ii the City all monies received from the Developer for the rental
IOf said spaces.
I The term "U.S. Consumer Price Index" shall refer to the
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!"Consumer Price Index - Los Angeles-Long Beach Metropolitan Area -
All Items", compiled by the U.S. Department of Labor, Bureau of
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I Labor Statistics, based on 1967 as lOO.
2 If the 1967 base of said Consumer Price Index should
3 hereafter be changed, then the new base shall be converted to
4 the 1967 base and the base as so converted shall be used. In
5 the event that the Bureau shall cease to publish said Consumer
6 Price Index, then the successor or most nearly comparable Index
7 thereto shall be used.
8 In no event shall the rental paid by the Developer, and
9 as adjusted for change in the Consumer Price Index, be increased
10 as to any installment due by more than twenty-five percent (25%)
II lof the lowest monthly rental computed for any prior month in the
12 I then previous five (5) year period; p=flded,-hewe'lrer7--eh-e.-e--i-f
13 -t::~e-'!F~f4..f-t::Y-ffiii-le.iR'3-fetnaiR-s-ll\efe--t::~-aR-.a.Q-%-'V-a-S-aR4;.--f~--a-~4.eQ-e-f
14 RiRe-t::y--(.g.Q-t-eeR4;.iR~e~-s-e.-ay-s--a4;.--aRy-4;.4.111e--a-f4;.e~-4;.~e-e~e-s~4;.4.eR-e-f
15 4;.~i-s-,le-a-se7-4;.~e A'!l"eR-S~--s~a,l,l-~-a'Ve-4;.-Re-e~ieR-4;.Q-QeJ.~e--f~em-~-R4.-s
16 ,le-a-se-eRe--s~aee-.fe~-eae-R---------s~~a~e--fee4;.-e-f-~Re-s-s~~eQ--f-lee~
17 i>f>a.ee-ei!'-iR--t::~e-a,l4;.effla4;.-i'V€7--t::-Re-Be'Ve,le~--s~-a,l-l--R-a'Ve--t::+1e-~4.efl
18 -t::e-eefl-t::intie- -t::e..,lea-se- -saia--Sf>il,ee7 -ei!'--Sf>il,ees7--f~- 4;.-Re- ~e.f
19 ~--------------pef--Sf>il,ee-pef-meR4;.-R.
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SECTION 6. This agreement shall be effective upon
21 approval of the Agency, and the Mayor and Common Council of the
22 City of San Bernardino.
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SECTION 7. The effective date of this agreement shall
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be the first date on which all conditions specified in Section 6
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have been satisfied.
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SECTION 8. Developer herein covenants by and for himself,
.27 his heirs, executors, administrators, and assigns, and all
28 persons claiming under or through him, and this Agreement with
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I all rights granted hereunder is made and accepted upon and subject
2 to the following conditions:
3 That there shall be no discrimination against or segrega-
4 tion of any person or group of persons, on account of race, color,
5 creed, religion, sex, marital status, national origin, or ancestry,
6 in the leasing, subleasing, transferring, use, occupancy, tenure,
7 or enjoyment of the premises herein encumbered nor shall Developer
8 himself, or any person claiming under or through him, establish
9 or permit any such practice or practices of discrimination or
10 segregation with reference to the selection, location, number,
,
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II 'use, or occupancy, of tenants, lessees, sublessees, subtenants,
12 or vendees in the premises herein encumbered. The foregoing
13 provisions shall be binding upon and obligate the contracting
14 parties and any subcontracting party or parties, or other trans-
15 ferees under this instrument.
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SECTION 9. Any notices which will be required or may be
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given under this agreement shall be deemed sufficiently given if
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in writing and served in the following manner: If directed to
Agency by personal delivery to one of the officers of the Agency, I
or by sending such notice by registered or certified mail addresse~
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to the Redevelopment Agency of the City of San Bernardino,
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California, City Hall, San Bernardino, California, 924l8; if
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directed to the City, by personal delivery to one of the officers
jOf the City, or by sending such notice by registered or certified
Imail, addressed to the City of San Bernardino, 300 North "D" I
'Street, San Bernardino, California 924l8; if directed to Develope~,
,
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to H. Frank Dominguez dba Vanir Research Company by sending such
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notice by registered or certified mail addressed to Developer at
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lpost Office Box 3l0, San Bernardino, California 92402.
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I SECTION lO. If any section, subsection, sentence, clause
lor phrase of this agreement, or the application thereof, to either
Iparty, or any other person or circumstance is for any reason held
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I invalid, it shall be deemed severable and the validity of the
jremainder of the agreement or the application of such provision to
jthe other party, or to any person or circumstance, shall not be
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!affected thereby.
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SECTION 11.
This agreement is subject to the terms and
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Iconditions of a certain lease between the Redevelopment Agency of
Ithe City of San Bernardino and the City of San Bernardino dated
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[September 4, 1972, the provisions of which are incorporated herein
by this reference.
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SECTION l2. The term of this agreement shall commence
15 upon mutual execution of this agreement by all parties and shall
16 expire twenty-five (25) years following the first day of the month
17 in which it commences.
18 IN WITNESS WHEREOF, the parties have signed this agreement
19 the day and year first above written.
20 CITY OF SAN BERNARDINO
ATTEST:
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By
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Mayor
City Clerk
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ATTEST:
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
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By
Cha~rman
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!secretary
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