HomeMy WebLinkAbout1980-439
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1 RESOLUTION NO. Po - -V3'
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO,
3 AND GARDEN STATE PAPER COMPANY DOING BUSINESS AS GREAT WESTERN
FIBRE, FOR THE LEASE OF 181 SOUTH "G" STREET, IN THE CITY OF SAN
4 BERNARDINO.
5 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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a lease with Garden State Paper Company doing business as Great
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Western Fibre, relating to the lease of City owned premises at
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181 South "G" Street, in the City of San Bernardino, a copy of
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which is attached hereto, marked Exhibit "A" and incorporated
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herein by reference as fully as though set forth at 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/JIJ /)r:'J, 57 d,)
day of ,~~
meeting thereof, held
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1 on the <><1;nL
, 1980, by the following
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vote, to wit:
AYES:
Councilmen ~L-&: '1it..uA.,,'/0-?t~"j
l?iL-",; cdft'./k, /:JL;j~) .
~j ,
~&E~ JJLdu
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NAYS:
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ABSENT:
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The foregoing resolution
of tf)4-~ , 1980.
APprov~~<a7 t9,fory:
./] -, .
V " X/vi 6~/
CJ.ty Attorney
<~L/J!{/!. ~k0
,; CJ. ty Clerk
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r2~ day
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San Bernardino
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LEASE AGREEMENT
( 181 SOUTH "G" STREET )
THIS LEASE AGREEMENT is made and entered into this 7~
day of YI,~ Kl.. ~^
1980, by and between the City of San Bernardino,
a municipal corporation, hereinafter called "LESSOR", and Garden State
Paper Co. dba Great Western Fibre, hereinafter called "LESSEE".
!i.llt:!.L~,~.s.l!i :
WHEREAS, Lessor owns a certain parcel of real property and structures
fronting on South "G" Street in the City of San Bernardino, and
WHEREAS, said Lessor's property is not now needed for municipal use
and is not contemplated for municipal use during the term hereof, and
WHEREAS, Lessee desires the use of a portion of said land and struc-
tures for purposes which are appurtenant to Lessee's business and/or
functions;
NOW THEREFORE, in consideration of the rental hereafter reserved
and agreed to be paid to Lessor by Lessee and the mutual promises, ob-
ligations, agreements and covenants hereinafter set forth and the faithful
performance thereof, the parties mutually agree as follows:
1. PROPERTY LEASED: Lessor hereby leases and lets to the Lessee,
and the Lessee hires and leases from the Lessor a portion of those certain
premises located at 181 South "G" Street in the City of San Bernardino,
County of San Bernardino, State of California, more particularly described
as follows:
The West 460.40 feet of the following described parcel: That
portion of Lot 16, Block 11, Rancho San 8ernardino, as per plat
thereof recorded in Book 7 of Maps, page 2, records of the County
Recorder of said County, described as follows:
Beginning at a point in the West line of said Lot, dist<<nt thereon
185 feet South of the Northwest corner thereof, said point being
the Northwest corner of the land conveyed to J.E. Roberts, et ux,
by deed recorded February 20, 1945, in Book 1731, page 414, Offi-
cial Records of said County and being also the Southwest corner
of the property conveyed to Signal Oil Company by deed recorded
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February 9, 1942, in 800k 1514, page 419, Official Records of said
County; thence South along the West line of said Lot, a distance
of 145 feet, more or less, to the Southwest corner thereof; thence
East along the south line of said Lot, a distance 'of 640.63 feet
to the Southeast corner thereof; thence North along the East line
of said Lot, a distance of 175 feet, more or less to the Southeast
corner of the land conveyed to the Southern California Gas'Company,
a California Corporation, by deed recorded August 11, 1952 in 800k
3000, page 387, Official Records of said County; thence West along
the South line of said Gas Company land and along the South line
of said above referenced Signal Oil Company land and the South line
of the land conveyed to said Signal Oil Company by deed recorded
January 19, 1946 in Book 1861, page 231, Official Records of said
County, a distance of 640.55 feet to the West line of said Lot;
thence SOuth along said West line, a distance of 30 feet to the
Point of Beginning.
2. EASEMENT: Lessee hereby acknowledges that the North 30 feet of
the demised property is subject to an ingress/egress easement, which ease-
ment shall be kept open and free from any obstruction during the term of this
lease.
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3. TERM: The term of this lease shall be for a period of five (5)
years, beginning November 1, 1980, and ending October 31, 1985.
4. RENTAL PAYMENTS: Lessee agrees to pay and Lessor agrees to
accept as rental for the said premises, during the term hereof, a monthly
rental of $1.502.89. The said rental payments shall be paid on or before
the first monday of each month and made payable to the Lessor, Attention:
Finance Department, at the address hereinafter set forth throughout the
term of this lease. The first month's rent, which is the bid amount that
21 was deposited with the City Administrator, is hereby acknowledged.
22 5. USE~ The demised premises shall be used for the amassing and
23 short term retention of paper products for bulk shipment.
24 6. MAINTENANCE AND OPERATION: The Lessee is familiar with the
25 leased premises and has knowledge of the present conditions that exist
26 thereon. Lessee shall, at its sole expense, maintain the leased premises
27 and all improvements thereon in good order, condition, and repair. Lessee
28 shall, at its sole expense, provide or cause to be provided all secu~ty
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service, custodial service, janitorial service, and weed abatement service
which is required for the proper care and use of the premises.
7. ALTERATIONS AND IMPROVEMENTS: Lessee shall, immediately upon
taking possession of the leased premises and at its sole expense, construct
a chain link fence along the East line of the property herein leased, said
fence to be six (6) foot in height, approximately 145 feet in length, and
shall contain no gates. Said fence shall connect to the existing fence
located on the South property line and to the existing South gate post loca-
ted in the existing fence located near the North property line. Lessee may,
at its sole expense, construct one (1) vehicle access gate in any location
along the existing fence located near the North property 1 ine whi ch 1 essee
feels necessary to provide access to the rear of the property herein leased.
Lessee may. at its option and at its sole expense, install a truck weighing
scale on the leased premises. Said scale shall remain the property of the
Lessee, and Lessee agrees that, upon termination of this lease, the scale
shall be removed at Lessee's expense and the resultant hole shall be filled
in, compacted to City standards, and restored to extant topography. Other
than stated hereinabove, Lessee shall not make, or suffer to be made, any
other alterations to the demised premises, or any part thereof, without the
prior written consent of Lessor. Any and all other, alterations and/or imp-
rovements 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 obligations to the Lessor.
8. INFLAMMABLE SUBSTANCES: Lessee shall store all inflammable
substances in such a way as to minimize any fire or explosion hazard and
shall conform to the requirements of the City of San Bernardino Fire Depart-
ment relative to said inflammable substances.
9. FUEL TANKS: Lessee may use the fuel tanks and pumps located
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on the premises but shall provide Lessor with evidence of any necessary
permits and/or licenses appurtenant thereto as required by Lessor's Ord-
inances and any fuel stored therein shall be for Lessee's use only and
not for re-sale purposes.
10. INSPECTIONS: Lessor, its agents, officers or employees may
enter upon the premises at such reasonable times during Lessor's normal
business hours as it deems necessary for the purpose of inspection of the
premises to determine whether the terms and conditions of this lease are
being perform~d and kept by Lessee.
11. NO WASTE, NUISANCE, OR UNLAWFUL USE: Lessee shall not commit,
or allow to be committed, any waste on the premises, or nuisance, nor shall
it use or allow the premises to be used for an unlawful purpose.
12. OWNERSHIP: Lessee hereby acknowledges and accepts the title
and paramount ownership and interest of Lessor to the said property and
Lessor agrees not to claim, challenge or contest said title, ownership and
entire interest of Lessor.
13. TERMINATION: After a one-year period from the date of execution
hereof, either party may terminate this lease by giving 180 calendar days
advance written notice to the other party.
14. RENEWAL OPTION: Unless lease is sooner terminated, as provided
herein, Lessee shall have the right of option to re-new this lease for an
additional five (5) year period, at the end of the term hereof. In the
event that Lessee shall desire to avail itself of the option hereinabove
provided, it shall notify Lessor in writing of its intention to do so at
least sixty (60) days prior to such option date. The terms of said option
shall be consistent with the terms of this lease, however, the rental pay-
ment shall be re-negotiated.
15. UTILITIES: Lessee shall pay for all electricity, water, gas,
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telephone service and all other services which may be supplied to the said
2 premises.
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16. TAXES: Lessee covenants during the term of this lease to pay,
4 when due, all taxes and assessments that may be assessed or imposed upon
5 the Lessee's possessory interest in ~nd to the premises and upon personal
6 property located on the demised premises. During Lessee's possession and
7 use of the demised premises, should any taxes thereon be assessed against
8 Lessor, Lessee agrees to indemnify Lessor thereon.
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17. DEFAULTS: In the event Lessee shall be in default in the paymen:
of rentals or other charges hereunder or shall otherwise breach its coven-
ants or obligations hereunder, and shall be and remain in default for a
period of thirty (30) days after notice from Lessor to it of such default,
Lessor shall have the right and privilege of terminating this lease and de-
claring the same at an end, and of entering upon and taking possession of
said premises, and shall have the remedies now or hereafter provided by law
for recovery of rent, repossession of the premises and damages occasioned
by such default. If such default should occur, then Lessor shall have the
right to take possession of and appropriate to itself without payment there-
for, any property of Lessee or anyone claiming under him, then remaining
on said premises.
18. LEASE 8REACHED BY LESSEE'S RECEIVERSHIP, ASSIGNMENT FOR BENEFIT
OF CREDITORS, INSOLVENCY, OR BANKRUPTCY: Appointment of a receiver to take
possession of Lessee's assets, Lessee's general assignment for benefit of
creditors, or Lessee's insolvency or taking or suffering action under the
Bankruptcy Act is a breach of this lease and shall terminate same.
19. AMENDMENT: This Lease Agreement may be amended or modified
only by written agreement signed by both parties hereto.
20. EFFECT OF LESSOR'S WAIVER: Lessor's waiver of breach of one
term, covenant, or condition of this lease is not a waiver of breach of
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others, nor to subsequent breach of the one waived. Lessor's acceptance of
rent installments after breach is not a waiver of the breach, except of
breach of the covenant to pay the rent installment or installments accepted.
21. SURRENDER UPON TERMINATION: Upon revocation, surrender or
other termination of this lease, Lessee shall quietly and peaceably surren-
der said property occupied by this 'lease in as good condition as same was
at the time of Lessee's entry thereof, subject to the conditions hereinabov
set forth.
22. HOLD HARMLESS: Lessee hereby agrees to, and shall, hold Lessor
its elective and appointive boards, commissions, officers, agents and emp-
loyees harmless from any liability for damage or claims for damage for
personal injury, including death, as well as from claims for property dam-
age which may arise from Lessee's operations under this agreement, whether
such operations be by Lessee or by anyone or more persons directly or
indirectly employed by or acting as agent for Lessee. Lessee agrees to and
shall defend Lessor and its elective and appointive boards, commissions,
officers and employees from any suits or actions at law or in equity for
damages caused, or alleged to have been caused, by reason of any of the
aforesaid operations.
23. INSURANCE: Lessee agrees to procure and maintain in force
during the term of this lease and any extension thereof, at its expense
a policy or policies of insurance against loss or damage to the leased
premises, and appurtanances and permanent equipment, resulting from fire,
in an amount of $100,000.00 and from lightning, vandalism, malicious mis-
chief, and such perils ordinarily defined as "extended coverage" and other
perils in a minimum amount of $100,000.00. Lessee agrees to procure and
maintain in force during the term of this lease and any extension thereof,
at its expense, public liability insurance in companies having a rating
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by "Best's" Insurance Guide of 'A' (General POlicyholder) and 'AA' (Finan-
cial) ratings or better, adequate to protect against liability for damage
claims through public use of or arising out of accidents occuring in or
around the leased premises, in a minimum amount of $200,000.00 for each
person injured, $600,000.00 for anyone accident, $100,000.00 for property
damage. Such insurance policies shall provide coverage for Lessor's con-
tingent liability on such claims or losses. The policies or Certificates
of Insurance shall be delivered to Lessor, Attention: Real Property Section,
for keeping. Lessee agrees to obtain a written obligation from the in~urers
to notify Lessor, Attention: Real Property Section, in writing at least
thirty (30) days prior to cancellation or refusal to renew any such policies.
Lessee agrees that, if such insurance policies are not kept in force during
the term of this lease and any extension thereof, Lessor may procure the
necessary insurance, pay the premium therefor, and that such premium shall
be repaid to the Lessor as an additional rent installment for the month
following the date on which such premium is paid.
24. DAMAGE BY FIRE, EARTHQUAKE, ETC: It is expressly understood and
agreed that the rental hereunder shall become due only in consideration of
the right to occupy and use the leased premises from year to year, and,
except as herein provided, it is the responsibility of Lessor to provide
such right of occupancy and use at all times. In the event of destruction
or damage to the leased premises by fire, earthquake or other casualty or
events to the extent the premises become wholly or partially unusable,
Lessor, at its option, may do either of the following:
(1) Rebuild and repair the leased premises so that:theysha11 be
restored to use, in which case this lease shall remain in full force and
effect. Any excess of insurance proceeds resulting from such destruction
or damage (other than business (rent) interruption insurance) over the
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amount expended for such repairing or rebuilding, shall be paid to Lessor,
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or (2) Declare this lease terminated and use such insurance proceeds !
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in such manner as it may determine appropriate, provided" however, that if I
the leased premises can be repaired or rebuilt within the period for which !
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the Lessee has insurance against business (rent) interruption, and if Less- I
or shall have sufficient funds from the proceeds of insurance or otherwise I
for the necessary repairing or rebuilding, Lessee may proceed under this
option with the Lessor's consent. During such time as the leased premises
are unusable, rent shall cease. No further rental payments shall be re-
quired until such leased premises are again ready for occupancy. Such
rental payments as may have been made prior to the premises becoming unfit
for occupancy shall be equitably abated and adjusted accordingly. In the
event of partial damage to, or destruction of, the leased premises, so as
to render a portion thereof unusable by Lessee, such rental payments
(including those already made, if any) shall, during the period of the
partial unusability of the leased premises, be in an amount that represents
the fair, market rental value of the leased premises usable by Lessee.
25. EMINENT DOMAIN: If the whole of the leased premises, or so
much thereof as to render the remainder unusable for the purposes for which
the same was leased, shall be taken under the power of eminent domain, then
this lease shall terminate as of the date possession shall be so taken.
If less than the whole of'the leased premises shall be taken under the
power of eminent domain, and the remainder is usable for the leased purpos-
es, then this lease shall continue in full force and effect and shall not
be terminated by virtue of such taking and the parties may waive the bene-
fit of any law to the contrary, in which event there shall be a partial
abatement of the rent hereunder in an amount equivalent to the prorated
use of the remaining premises. Any award made in eminent domain proceeding
for the taking or damaging of the leased premises in whole or in part
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shall be paid to the Lessor (together with any other money which shall be
or may be made available for such purpose), except for any relocation
monies which may be due Lessee.
26. ASSIGNMENTS: Lessee shall not assign this lease or sublet
the said premises or any part thereof without obtaining the prior written
consent of the Lessor.
27. LEASE APPLICABLE TO SUCCESSORS. ETC.: This lease and the terms,
covenants, and conditions hereof apply to and are binding on the heirs,
successors, executors, administrators, and assigns of the parties hereto.
28. NON-DISCRIMINATION: The Lessor hereby covenants by and for
itself, its heirs, executors, administrators, and assigns, and all persons
claiming under or through it, and this lease is made and accepted upon and
subject to the following conditions:
That there shall be no discrimination against or segregation of any
person or group of persons, on account of race, color, creed, national ori-
gin, or ancestry, in the leasing, subleasing, transferring, use, occupancy,
tenure, or enjoyment of the premises herein leased nor shall the Lessor
itself, or any person claiming under or through it, establish or permit any
such practise or practices of discrimination or segregation with reference
to the selection, location, number, use, or occupancy, of tenants, lessees,
sublessees, subtenants, or vendees in the premises herein leased.
29. VALIDITY: If anyone or more of the terms, provisions, promises
covenants or conditions of this lease shall to any extent be adjudged inva-
lid, unenforceable, void or voidable for any reason whatsoever by a court
of competent jurisdiction, each and all of the remainin9 terms, provisions,
promises, covenants and conditions of this lease shall not be affected
thereby and shall be valid and enforceable to the fullest extent premitted
by law.
30. NOTICES: All notices herein required shall be in writing and
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delivered in person or sent by certified mail, postage prepaid, addressed
as follows:
Lessor
Lessee
City of San Bernardino
300 North "D" Street
San Bernardino, California 92418
Garden State Paper Co. dba
Great Western Fibre
P. O. Box 2364
Pomona, CA 91769
Attention: Real Property Section
Engineering Division
Public Works Department
31. RECORDATION: Lessor will have this lease recorded in the office
of the County Recorder, San Bernardino County, State of California, together
with the appropriate Resolution of the Governing Body of Lessor.
32. TIME OF ESSENCE: Time is of the essence herein.
IN WITNESS WHEREOF, the parties hereto have caused this lease to be
executed and attested by their proper officers thereunto duly authorized,
and their official seals to be affixed, as of the day and year first above
written.
LESSOR:
ATTEST:
4&/ll///~
CITY CLE K
LESSEE:
Garden State Paper Co. dba
Great Western Fibre
8y:
Vice President and General Manager,
Western Regi on
By:
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. 1 I
RESOLUTION NO. P () - ~<.3 ?
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO,
3 AND GARDEN STATE PAPER COMP&~Y DOING BUSINESS AS GREAT WESTERN
FIBRE, FOR THE LEASE OF 181 SOUTH "G" STREET, IN THE CITY OF SAN
4 BERNARDINO.
5 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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a lease with Garden State Paper Company doing business as Great
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Western Fibre, relating to the lease of City owned premises at
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181 South "G" Street, in the City of San Bernardino, a copy of
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which is attached hereto, marked Exhibit "A" and incorporated
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herein by reference as fully as though set forth at 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/v /Jfu:t-J, ,*;?,d/J
day of tiZaa...,
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meeting thereof, held
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on the c.<7l't
, 1980, by the following
vote, to wit:
NAYS:
Councilmen d;t;;,,&: f/~/n~'<;j
Vibht) ,<p<iL.4 !kw;a!1;
~~7~ f6Lgd
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AYES:
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ABSENT:
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.Az,pyt; ~JV/
, City Clerk
24 I The foregoing resolution is
25 i of tf)i~ , 1980.
26 ! Approved ,a, ;9,for~:
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,27 ,I /f,j~' / '"2/
/' . I' 'r,;~' '-' . / ~
L281f; i City Attorney
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d~ day
1 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) SS
2 CITY OF SAN BERNARDINO )
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I, SHAUNA CLARK, City Clerk in and for the City of San
4 Bernardino, DO HEREBY CERTIFY that the foregoing and attached
copy of San Bernardino City Resolution No. 80-439 is a
5 full, true and correct copy of that now on file in this office.
6
IN
affixed
10th
WITNESS WHEREOF, I have hereunto set
the official seal of the City of San
day of November , 1980.
my hand and
Bernardino this
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~/Z$,ahl/
CJ.ty Clerk
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2
LEASE )I,GREEMENT
( 181 SOUTH "G" STREET )
THIS LEASE AGREEMENT is made and entered intc this 7~
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day of VI /9){>"" D.,A
1980, by and between the City of San Bernardino,
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a municipal corporation, hereinafter called "LESSOR", and Garden State
Paper Co. dba Great Western Fibre, hereinafter ca l1ed "LESSEE".
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WIT N E SSE T H :
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WHEREAS, Lessor owns a certain parcel of real property and structures
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fronting on South "G" Street in the City of San Bernardino, and
WHEREAS, said Lessor's property is not now needed for municipal use
and is not contemplated for municipal use during the term hereof, and
WHEREAS, Lessee desires the use of a oortion of said land and struc-
tur2S for purposes which are appurtenant to Lessee's business and/or
functions;
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NOW THEREFORE, in consideration of the rental hereafter reserved
and agreed to be paid to Lessor by Lessee and the mutual promises, ob-
ligations, agreements and covenants hereinafter set forth and the faithful
performance thereof, the parties mutually agree as follows:
1. PROPERTY LEASED: Lessor hereby leases and lets to the Lessee,
and the Lessee hires and leases fr~~ the Lessor a portion of those certain ~
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premises located at 181 South "G" Street in the City of San Bernardino, ~
County of San Bernardino, State of California, more particularly described ~
as follows: ~
The West 460.40 feet of the following described parcel: That
portion of Lot 16, Block 11, Rancho San Bernardino, as per plat
thereof recorded in Book 7 or Maps, page 2, records of the County
Recorder of said County, described as follows:
Beginning at a point in the Hest line of said Lot, distant thereon
185 feet South of the i!orthflest corner thereof, said point being
the Northwest corner or the land conveyed to J.E. Roberts, et ux,
by deed recorded February 20, 1945, in Book 1731, page 414, Offi-
cial Records of said County and being also the Southwest corner
of the property conv2yed to Signal Oil Company by deed recorded
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February 9, 1942, in Book 1514, page 419, Official Records of said
County; thence South along the West line of said Lot, a distance
of 145 feet, more or less, to the Southwest corner thereof; thence
East along the south line of said Lot, a distance of 640.63 feet
to the Southeast corner thereof; thence North along the East line
of said Lot, a distance of 175 feet, more or less to the Southeast
corner of the land conveyed to the Southern California Gas ~ompany,
a California CQrporation, by deed recorded August 11, 1952 in Book
3000, page 387, Official Records of said County; thence West along
the South line of said Gas Company land and along the South line
of said above y'eferenced Signal Oil Company land and the South line
of the land conveyed to said Signal Oil Company by deed recorded
January 19, 1945 in Book 1861, page 231, Official Records of said
County, ~ distance of 640.55 feet to the West line of said Lot;
thence south along said i-lest line, a distance of 30 feet to the
Point of Beginning.
'2. EASEMENT: Lessee hereby acknowledges that the North 30 feet of
the demised property is subject to an ingress/egress easement, which ease-
ment shall be kept open and free from any obstruction during the term of this
lease.
3. TERM: The term of this lease shall be for a period of five (5)
years, beginning November 1, 1980, and ending October 31, 1985.
4. RENTAL PAYMENTS: Lessee agrees to pay and Lessor agrees to
accept as rental for the said premises, during the term hereof, a monthly
rental of $1.502.89. The said rental payments shall be paid on or before
the first monday of each month and made payable to the Lessor, Attention:
Finance Department, at the address hereinafter set forth throughout the
term of this lease. The first month's rent, which is the bid amount that
was deposited with the City Administrator, is hereby acknowledged.
5. USE: The demised premises shall be used ,for the amassing and
short term retention of paper products for bulk shipment.
6. MAINTENANCE AND OPERATWi: The Lessee is famil iar with the
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leased premises and has knowledge of the present conditions that exist
thereon. Lessee shall, at its sole expense, maintain the leased premises
and all improvements thereon in good order, condition, and repair. Lessee
shall, at its sole expense, provide or cause to be provided all security
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service, custodial service, janitorial service, and weed abatement service
which is required for the proper care and use of the premises.
7. ALTERATIONS AND IMPROVEMENTS: Lessee shall, immediately upon
taking possession of the leased premises and at its sole expense. construct
a chain link fence along the East line of the property herein lEased, said
fence to be six (6) foot in height, approximately 145 feet in len3th, and
shall contain no gates. Said fence shall connect to the existing fence
located on the South property line' and to the existing South gate post loca-
ted in the existing fence located near the North property line. Lessee may,
at its sole expense, construct one (1) vehicle access gate in any location
along the existing fence located near the North property line which lessee
feels necessary to provide access to the rear of the property herein leased.
Lessee may, at its option and at its sole expense, install a truck weighing
scale on the leased premises. Said scale shall remain the property of the
Lessee, and Lessee agrees that, upon termination of this lease, the scale
shall be removed at Lessee's expense and the resultant hole shall be filled
in, compacted to City standards, and restored to extant topography. Other
than stated hereinabove, Lessee shall not make, or suffer to be made, any
other alterations to the demised premises, or any part thereof, without the
prior written consent of Lessor. Any and all other alterations and/or imp~
rovements 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 obligations to the Lessor.
8. I;iFLAi~MABLE SUBSTANCES: Lessee shall store all inflarrmable
substances in such a way as to minimize any fire or explosion hazard and
shall conform to the requirements of the City of San Bernardino Fire Depart-
ment relative to said inflammable substances.
9. FUEL TANKS: Lessee may use the fuel tanks and pumps located
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on the premises but shall provide Lessor with evidence of any necessary
permits and/or licenses appurtenant thereto as required by Lessor's Ord-
inances and any fuel stored therein shall be for Lessee's use only and
not for re-sale purposes.
10. INSPECTIONS: Lessor, it, agents, officers or employees ~ay
enter upon the premises at such reac0nable times durin~ Lessor's normal
business hours as it deems necessary for the purpose of inspection of the
premises to determine whether the terms and conditions of this lease are
being performed and kept by Lessee.
11. NO HASTE, NUISANCE, OR U:iLAHFUL USE: Lessee shall not conmit,
or allow to be committed, any waste on the premises, or nuisance, nor shall
it use or allow the premises to be used for an unlawful purpose.
12. OvmERSHIP: Lessee hereby acknowledges and accepts the title
and paramount ownership and interest of Lessor to the said property and
Lessor agrees not to claim, challenge or contest said title, ownership and
entire interest of Lessor.
13. TERt~INATION: After a one-year period from the date of execution
hereof, either party may terminate this lease by giving 180 calendar days
advance written notice to the other oarty.
14. RENEHAL OPTION: Unless lease is sooner terminated, as provided
herein, Lessee shall have the right of option to re-new this lease for an
additional five (5) year period, at the end of the term hereof. In the
event that Lessee shall desire to avail itself of the option hereinabove
provided, it shall notify Lessor in writing of its intention to do so at
least sixty (60) days prior to such option date. The terms of said option
shall be consistent with the terms of this lease, however, the rental pay-
ment shall be re-negotiated.
15. UTILITIES: lessee shall Day for all electricity, water, gas,
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telephone service and all other services which may be supplied to the said
premises.
16. TAXES: Lessee covenants during the term of this lease to pay,
when due, all taxes and assessments that may be assessed or imposed upon
the Lessee's possessory interest i~ ,nd to the premises and upon personal
property located on the demised premises. During Lessee's possession and
use of the demised premises, should any taxes thereon be assessed against
Lessor, Lessee agrees to indemnify Lessor thereon.
17. DEFAULTS: In the event Lessee shall be in default in the payment
of rentals or other charges hereunder or shall otherwise breach its coven-
ants or obligations hereunder, and shall be and remain in default for a
period of thirty (30) days after notice from Lessor to it of such default,
Lessor shall have the right and privilege of terminating this lease and de-
claring the same at an end, and of entering upon and taking possession of
said premises, and shall have the remedies now or hereafter provided by law
for recovery of rent, repossession of the premises and damages occasioned
by such default. If such default should occur, then Lessor shall have the
right to take possession of and appropriate to itself without payment there-
for, any property of Lessee or anyone claiming under him, then remaining
on said premises.
18. LEASE BREACHED BY LESSEE'S RECEIVERSHIP, ASSIGNMENT FOR BENEFIT
OF CREDITORS, INSOLVENCY, OR BANKRUPTCY: Appointment of a receiver to take
possession of Lessee's assets, Lessee's general assignment for benefit of
creditors, or Lessee's insolvency or taking or suffering action under the
Bankruptcy Act is a breach of this lease and shall terminate same.
19. AMENDMENT: This Lease Agreement may be amended or modified
only by written agreement signed by both parties hereto.
20. EFFECT OF LESSOR'S WAIVER: Lessor's waiver of breach of one
term, covenant, or condition of this lease is not a waiver of breach of
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others, nor to subsequent breach of the one waived. Lessor's acceptance of I
rent installments after breach is not a waiver of the breach, except of
breach of the covenant to pay the rent installment or installments accepted.1
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21.
SURRENDER UPON TER~lINATIO~I:
Upon revocation, surrender or
other termination of this leas~, Lessee shall quietly and peaceably surren-
der said property occupied by this iease in as good condition as same was
at the time of Lessee's entry thereof, s~bject to the conditions hereinabov
set forth.
22. HOLD HARMLESS: Lessee hereby agrees to, 'and shall, hold Lessor
its elective and appointive boards, commissions, officers, agents and emp-
loyees harmless fr~~ any liability for damage or claims for damage for
personal injury, including death, as weil as from claims for property dam-
age which may arise from Lessee's ooerations under this agreement, whether
such operations be by Lessee or by anyone or more persons directly or
indirectly employed by or acting as agent for Lessee. Lessee agrees to and
shall defend Lessor and its elective and appointive boards, commissions,
officers and employees from any suits or actions at law or in equity for
damages caused, or alleged to have been caused, by reason of any of the
aforesaid operations.
23. I~SURANCE: Lessee agrees to procure and maintain in force
during the term of this lease and any extension thereof, at its expense
a policy or policies of insurance a;ainst loss or damage to the leased
pre~ises, and appurtanances and permanent equipment, resulting from fire,
in an amount of $100,000.00 and from lightning, vandalism, malicious mis-
chief, and such perils ordinarily defined as "extended coverage" and other
perils in a nlinimum amount of $100,000.00. Lessee agrees to procure and
maintain in force during the term of this lease and any extension thereof,
at its expense, public liability insurance in companies having a rating
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by "Best's" Insurance Guide of 'A' (General POlicyholder) and 'AA' (Finan-
2 cia1) ratings or better, adequate to protect against liability for damage
3 claims through public use of or arising out of accidents occuring in or
4 around the leased premises, in a minimum amount of $200,000.00 for each
5 person injured, $600,000.00 for anyone accident, $100,000.00 for property
6 damage. Such insurance policies shall provide coverage for Lessor's con-
7 tingent liability on such claims or losses. The policies or Certificates
8 of Insurance shall be delivered to Lessor, Attention: Real Property Section,
9 for keeping. Lessee agrees to obtain a written obligation from the inourers
10 to notify Lessor, Attention: Real Property Section, in writing at least
II thirty (30) days prior to cancellation or refusal to renew any such policies.
12 Lessee agrees that, if such insurance policies are not kept in force during
13 the term of this lease and any extension thereof, Lessor may procure the
14 necessary insurance, pay the pre~ium therefor, and that such premium shall
15 be repaid to the Lessor as an additional rent installment for the month
16 following the date on which such premium is paid.
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24. DAMAGE BY FI~E, EARTHQUAKE, ETC: It is expressly understood and
18 agreed that the rental hereunder shall become due only in consideration of
19 the right to occupy and use the leased premises from year to year, and,
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except as herein provided, it is the responsibility of Lessor to provide
such right of occupancy and use at all times. In the event of destruction
or damage to the leased prG;:Jises by fire, earthquake or other cas'Jalty or
events to the extent the premises become wholly or partially unusable,
Lessor, at its option, may do either of the following:
(1) Rebuild and repair the leased !)remises so that ,they shall be
restored to use, in which case this lease shall remain in full force and
effect. Any excess of insurance proceeds resulting from such destruction
or damage (other than business (rent) interruption insurance) over the
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amount expended for such repairing or rebuilding, shall be paid to Lessor,
or
(2) Declare this lease terminated and use such insurance proceeds
in such manner as it may determine appropriate, provided, however, that if
the leased premises can be repaired or rebuilt within the period tor which
the Lessee has insurance against business (rent) interruption, and if Less-
or shall have sufficient funds from the proceeds of insurance or o~herwise
for the necessary repairing or rebuilding, Lessee may proceed under this
option with the Lessor's consent. During such time as the leased premises
are unusable, rent shall cease. No further rental payments shall be re-
quired until such leased premises are again ready for occupancy. Such
rental payments as may have been made prior to the premises becoming unfit
for occupancy shall be equitably abated and adjusted accordingly. In the
event of partial damage to, or destruction of, the leased premises, so as
to render a portion thereof unusable by Lessee, such rental payments
(including those already made, if any) shall, during the period of the
partial unusability of the leased pre~ises, be in an amount that represents
the fair market rental value of the leased premises usable by Lessee.
25. EMINENT DOMAIN: If the whole of the leased premises, or so
much thereof as to render the remainder unusable for the purposes for which
the same was leas~d, shall be taken under the power of eminent domain, then
this lease shall terminate as of the date possession shall be so taken.
If less than the whole of the leased premises shall be taken under the
power of eminent domain, and the reiainder is usable for the leased purpos-
es, then this lease shall continue in full force and effect and shall not
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be terminated by virtue of such taki~g and the parties may waive the bene-
fit of any law to the contrary, in which event there shall be a partial
abatement of the rent hereunder in an a;nount equivalent to the prorated
use of the remaining premises. Any award made in eminent domain proceeding
for the taking or damaging of the leased premises in whole or in part
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shall be paid to the Lessor (together with any other money which shall be
or may be made available for such purpose), except for any relocation
monies which may be due Lessee.
26. ASSIGNMENTS: Lessee sholl not assign this lease or sublet
the said premises or any part ther~of without obtaining the prior written
consent of the Lessor.
27. LEASE APPLICABLE TO SUCCESSORS, ETC.: This lease and the terms,
covenants, and conditions hereof apply to and are binding on the heir3,
successors, executors, administrators, and assigns of the parties hereto.
28. NON-DISCRIMINATION: The Lessor hereby covenants by and for.
itself, its heirs, executors, administrators, and assigns, and all persons
claiming under or through it, and this lease is made and accepted upon and
subject to the following conditions:
That there shall be no discrimination against or segregation of any
person or group of persons, on account of race, color, creed, national ori-
gin, or ancestry, in the leasin;, sobleasing, transferring, use, occupancy,
tenure, or enjoyment of the pre:'lises herein leased nor shall the Lessor
itself, or any person claiming under or through it, establish or permit any
such practise or practices of discrimination or segregation with reference
to the selection, location, nll~ber, use, or occupancy, of tenants, lessees,
sublessees, subtenants, or vendees in the premises herein leased.
29. VALIDITY: If anyone or more of the terms, provisions, promises
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covenants or conditions of this lease shall to any extent be adjudged inva-
lid, 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 lease shall not be affected
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thereby and shall be valid and enforceable to the fullest extent premitted
by law.
30. NOTICES: All notices herein required shall be in writing and
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delivered in person or sent by certified mail. postage prepaid, addressed
as follows:
Lessor
Lessee
City of San Berna rdi no
300 North "0" Street
San Bernardino, California 92418
Garden State Paper Co. dba
Great Western Fibre
P. O. 80x 2364
Pomona, CA 91769
Attention: Real Property Section
Engineering Division
Public Works Department
31. RECORDATION: Lessor will have this lease recorded in the office
of the County Recorder, San Bernardino County, State of California, together
with the appropriate Resolution of the Governing Body of Lessor.
32. TIME OF ESSENCE: Time is of the essence herein.
IN WITNESS WHEREOF, the parties hereto have caused this lease to be
executed and attested by their proper officers thereunto duly authorized,
and their official seals to be affixed, as of the day and year first above
written.
LESSOR:
ATTEST:
~/h'tP a?b
/ CITY CLERK
LESSE E:
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! Appr~ved/ iis t~l~5~:
,,/ , .fi, " I",/,,!t" 07/
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" ...... 'l-' .' l.'t', /
.' . i- t. ,. i " '''''{ _.' , /
CITY ATTORNEY;'
Garden State Paper Co. dba
Great Western Fibre
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Vi ce Presi dent and General ~lanager,
Western Regi on
By:
'^
RECORDED AT REQUEST Of
AND MAIL TO
CITY S RDINO
SAN
80-259777
RECORDED IN
(fF!CL^ I, F ECORDS
DiD /IOV 1 3 PM 4: 00
::;i\i~ GLRNARDiNO
NO FEE CO.. CALIF.
G-
FNn OF nOr.lIMFNT
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