HomeMy WebLinkAbout1980-449
28
RESOLUTION NO. ?c - -"/-i'Y
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH JOHN E. SMITH AND BESSIE LEORA SMITH
3 RELATING TO THE USE OF CERTAIN PROPERTY FOR PARK PURPOSES.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
5
6
SECTION 1. The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City a Lease
8 with John E. Smith and Bessie Leora Smith relating to the use of
9 certain property for park purposes, a copy of which is attached
10 hereto, marked Exhibit "A" and incorporated herein by reference as
11 fully as though set forth at length.
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Common Council of the City of San
14
Bernardino at
:: :1~;Y--~/),
1980, by the following
meeting thereof, held
15
on the D2;7~
16 vote, to wit:
17
AYES:
cou,ncilmen ~Ji;;;~- ~ #"'/:
I 't" / /'
~ YJi./--4 /~'dik
~) - /
~/~?t.vA~ f1JL,aJ
18
19
NAYS:
20
ABSENT:
21
~:ff&~_______
/ Ci ty Clerk
resolution is hereby ~ day
22
23
The foregoing
~~
26
Approved as to form:
~~~dr~
City A torney
n Bernardino
24
of
, 1980.
25
27
.'
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
!:.~a.~~
(TOT LOT, MESA STREET & SAN ANSELMO AVENUE)
d,
/ )/ v day
3
THIS LEASE AGREEMENT is made and entered into this
4
of '}!.e--1.-'-c", 1.. k:h., 1980, by and between JOHN E. SMITH and BESSIE
LEORA SMITH, husband and wife, hereafter referred to as "Lessor", and the
City of San Bernardino, a municipal corporation, hereafter referred to as
5
"Lessee".
WIT N E SSE T H :
-----------
WHEREAS, Lessor owns a certain parcel of real property fronting on
Mesa Street and San Anselmo Avenue in the City of San Bernardino, and
WHEREAS, Lessor and Lessee wish to provide a park for the benefit
use of the citizens of said City,
NOW THEREFORE, in consideration of the rental hereafter reserved
and agreed to be paid to Lessor by Lessee and the mutual promises, obliga-
tions, 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 Lessee hires and leases from the Lessor that certain parcel of land
on the East corner of the intersection of Mesa Street and San Anselmo Avenue
in the City of San Bernardino, County of San Bernardino, State of Califor-
nia, more particularly described as follows:
Lot 13, Tract 3948 as per plat thereof recorded in Book 60 of
Maps, pages 51-53, inclusive, records of the County Recorder
of San Bernardino County.
2. TERM: The term of this lease shall be for a period of ten
(10) years, beginning October 1, 1980, and ending September 30, 1990.
3. RENTAL PAYMENTS: Lessee agrees to pay and Lessor agrees to
accept as rental for the said premises, a yearly payment of Three hundred
dollars ($300.00). The said payments shall, through the Director of Finance,
- 1 -
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
":D
21
~2
23
24
25
26
27
28
be paid in advance in the month of October of each year and made payable to
the Lessor at the address hereinafter set forth throughout the term of this
lease.
4. USE: The said premises shall, through the Park and Recreation
Department, be used for a mini-park, playground, or any similar or related
use.
5. MAINTENANCE: Lessee is familiar with the leased premises and
has knowledge of the present conditions that exist thereon. Lessee shall,
at its own expense, maintain the improvements and equipment now or hereafter
placed ~pon the demised premises in good order, condition, and repair, and
further agrees to keep the entire leased premises free of any weeds which
may create a public nuisancp. or fire hazard in accordance with existing
City weed abatement ordinances.
6. IMPROVEMENTS: Lessee may, at its option, make necessary
improvements for the purpose of furthering the beneficial use of the said
premises. Lessee agrees to surrender and relinquish ownership of the fence
which is presently on the leased premises, at the termination of this lease.
Lessee agrees to remove all blacktop surfacing from the leased premises
upon termination of this lease and restore the affected land to its natural
condition. It is mutually understood and agreed that any and all other
improvements made to the premises for the purpose of furthering the benefici 1
use of the said premises shall remain the property of the Lessee and the
aforesaid improvements shall be removed at Lessee's expense upon termination
of this lease.
7. UTILITIES: Lessee shall pay for all utilities and services
which may be supplied to the said premises.
8. TAXES: Lessor covenants during the term of this lease to pay,
when due, all taxes and assessments that may be assessed or imposed upon
- 2 -
2
3
4
5
6
7
8
9
10
Il
12
13
]4
15
]6
17
18
19
20
21
22
23
24
25
26
27
28
said premises.
9. ASSIGNMENTS: Lessee shall not assign this lease or sublet the
said premises or any part thereof without obtaining the prior written con-
sent of the Lessor.
10. 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.
11. HOLO HARMLESS: Lessor hereby agrees to, and shall, hold Lessee,
its elective and appointive boards, commissions, officers, agents, and
employees harmless from any liability for damage or claims for damage for
personal injury, including death, as well as from claims for property
damage which may arise from Lessor's operations under this lease, whether
such operations be by Lessor or by anyone or more persons directly or
indirectly employed by or acting as agent for Lessor. Lessor agrees to
and shall defend Lessee and its elective and appointive boards, commissions,
officers, agents, 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.
12. AMENDMENT: This lease agreement may be amended or modified only
by written agreement signed by both parties hereto.
13. EMINENT DOMAIN: If the whole of the leased premises, or so
much thereof as to render the remainder unuseable 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 useable for the leased
purposes, 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 benefit of any law to the contrary, in which event there shall be a
- 3 -
I'
,I
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
partial abatement of the rent hereunder in an amount equivalent to
the prorated use of the remaining premises. Any award made in eminent
domain proceedings for the taking or damaging of the leased premises
in whole or in part shall be paid to Lessor.
14. NOTICES: All nOtices herein required shall be in writing
and delivered in person or sent by certified mail, postage prepaid,
addressed as follows:
LESSOR: John E. Smith and Bessie Leora Smith
9880 Lincoln Avenue
Hesperia, California 92345
LESSEE: City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Attention: Real Property Section
15. TERMINATION: Lessee shall have the right to terminate
this lease without further liability upon the service of a six (6) month
advance written notice of such termination by the Lessee to the Lessor
or its assigns. Upon termination of this lease, Lessee shall surrender
the property occupied by this lease agreement in as good condition as
same was at the time of Lessee's entry thereof, subject to the conditions
hereinabove set forth.
16. VALIDITY: If anyone or more of the terms, provisions,
promises, covenants, and conditions of this lease shall not be affected
thereby and shall be valid and enforceable to the fullest extent per-
mitted by law.
17. RECORDATION: Lessee 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 Lessee.
_ 4 -
,
2
3
4
5
6
7
8
9
10
II
12
\3
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
18. ' TIME OF ESSENCE: Time is of the essence herein.
IN WITNESS WHEREOF the parties hereto have caused this lease
to be executed the day and year first above written.
ATTEST:
~.aM
C y C er
Approved as to form:
"J 1.~
./7 -/~ ./
i/(!P' . /vZ-~';/
.' City Attorn.ey
/ '
_ 5 _
LESSEE
By:
LESSOR
By:
.'\ I
...-.,-5i.'/M C )(,1"',' /A
'<.John E. Smlth
v
By:
B . ~ ~ ,If
~, ".l~~L~ . itYlL_/t::Ji.-/
~essie Leo a Smit
\. ....
.-
24
25
26
27
28
I'
RESOLUTION NO. ?~ -1/-1/1"
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH JOHN E. SMITH AND BESSIE LEORA SMITH
3 RELATING TO THE USE OF CERTAIN PROPERTY FOR PARK PURPOSES.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
I
5
6
SECTION 1. The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City a Lease
8 with John E. Smith and Bessie Leora Smith relating to the use of
9 certain property for park purposes, a copy of which is attached
10 hereto, marked Exhibit "A" and incorporated herein by reference as
11 fully as though set forth at length.
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Common Council of the City of San
14
Bernardino at
on the ~
...
o/1La~ y-.d-v
day of ~ ,
, 1980, by the following
meeting thereof, held
15
16
vote, to wit:
17
AYES:
Councilmen >LA~~-tt). ~........_d r:1I~
{u-.J J ' --C;'j u '
;U~A' . /Jk.../~.1
C.i.-- fiJl-L
18
19
NAYS:
20
ABSENT:
21
SHAUNA CLARK
Ci ty Clerk-------
resolution is hereby approved this ~~ day
22
23
The foregoing
&~
, 1980.
of
W R.HOLCOMB
Mayor of the City of San Bernardino
Approved as to form:
MLPR H. PR!NCE
City,Attorney
, .
". ,I'
1 .
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) SS
CITY OF SAN BERNARDINO )
I, SHAUNA CLARK, City Clerk in and for the City of San
Bernardino, DO HEREBY CERTIFY that the foregoing and attached
copy of San Bernardino City Resolution No. ' 80-449 is a
. full, true and correct copy of that now on file in this office.
IN
affixed
2nd
WITNESS WHEREOF, I have hereunto set
the official seal of the city of San
day of December , 1980.
my hand and
Bernardino this
~/.wu2I ~#./
C~ty Clerk
00'
o
,
I
l\:)
~
Clt
CD
~
~
II
Ii
i
!i
1 il
11
2 11
il
3 II
I!
4 II
I
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
2]
22
23
24
25
26
27
28
"
,I
f
h~AiE
(TOT LOT, MESA STREET A SAN ANSEtMO AVENUE)
THIS LEASE AGREEMENT 15 made and etltered into this / Jf d.. day
:j,
of 'l2..eFlj-C?)2.~t...,-u, 1980, by and between JOHN E. SMITH and BESSIE
LEORA SMITH, husband and wffe, hereafter referred to as "Lessor". and the
City of San Bernardfno, a ,.,nfcfpal corporatfon, hereafter referred to as
"Lessee".
Wll!!.~ii~TH.:..
WHEREAS, Lessor owns a certafn parcel of real property fronting on
Mesa Street and San AnselRlO Avenue fn the Cfty of San Bernardfno, and
WHEREAS. Lessor and Lessee wish to provfde a park for the benefft
use of the c1tfzetls of said City,
NOW THEREFORE, in consfderatfon of the retltal hereafter reserved
and agreed to be paid to Lessor by Lessee and the lllUtual prOlll1ses. obliga-
tions, agreements, and covenants herefnafter set forth and the fafthful
performance thereof, the parties lllUtually agree as follows:
1. PROPERTY LEASED: Lessor hereby leases and lets to the tessee,
and Lessee hfres and leases from the Lessor that certafn parcel of land
Q
.
I
N
~
~
~
on the East corner of the fntersectfon of Mesa Street and San Anselmo Avenue.
fn the City of San Bernardfno, County of San Bernardino, State of Califor-
nia. IROre particularly described as follows:
Lot 13, Tract 3948 as per plat thereof recorded in Book 60 of
Maps, pages 51-53, inclUSive. records of the County Recorder
of San Bernardino County.
2. TERM: The term of this lease shall be for a period of ten
(10) years. beg1nnfng October 1. 1980. and ending Septenlber 30, 1990.
3. RENTAL PAYMENTS: Lessee a9rees to pay and Lessor agrees to
aCC@j:i't as retltal for the said premises. a yearly payment of Three hundred
dollars ($300.00). The said payments shall, through the Director of Finance,
- 1 -
.' ",
'i'
(.
2
3
4
5
6
7
8
9
10
II
12
I3
14
15
16
17
18
19
2U
21
.-.'.
-<-
23
24
25
26
27
28
be paid in advance in the month of October of each year and made payable to
the Lessor at the address hereinafter set forth throughout the term of this
1 ease.
4. USE: The said premises shall, through the Park and Recreation
Department, be used for a mini-park, playground, or any similar or related
use.
00
o
I
~
~
<Z>
~
~
6. IMPROVEMENTS: Lessee may, at its option, make necessary
improvements for the purpose of furthering the benefiCial use of the said
premises. Lessee agrees to surrender and relinquish ownership of the fence
which is presently on the leased premises, at the termination of this lease.
Lessee agrees to remove all blacktop surfacing from the leased premises
upon termination of this lease and restore the affected land to its natural
condition. It is mutually understood and agreed that any and all other
improvements made to the premises for the purpose of furthering thebenefici 1
use of the said premises shall remain the property of the Lessee and the
aforesaid improvements shall be removed at Lessee's expense upon termination
of this lease.
7. UTILITIES: Lessee shall pay for all utilities and services
which may be supplied to the said premises.
8. TAXES: Lessor covenants during the term of this lease to pay,
when due, all taxes and assessments that may be assessed or imposed upon
- 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
2]
22
23
24
25
26
27
28
said pl"elllises.' '.,C'.
9. ASSIGNMENTS: lessee shall not assign this lease or sublet the
said premises or any part thereof without obtaining the prior written con-
sent of the lessor.
10. lEASE APPLICABLE TO SUCCESSORS. ETe: 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.
11. HOLD HARMlESS: Lessor hereby agrees to, and shall, hold lessee.
its elective and appointive boards, cOlllllissions, officers, agents, and
employees harmless from any liability for damage or claims for damage for
personal injury. including death. as well as fr(lll c1ailllS for property
damage which lIIIly arise from Lessor's operations under this lease, whether
such operations be ~ Lessor or by any one or more persons directly or
indirectly employed by or acting as agent for lessor. lessor agrees to
and shall defend lessee and its elective and appointive boards, cOIIlIIlissions
officers, agents, and employees from any sufts or actions at law or in
equity for damages caused, or alleged to have been caused, by reason of any
of the aforesaid operations.
12. AMENDMENT: This lease agreement may be amended or modified only
by wrftten agreement signed by both parties hereto.
13. EMINENT DooIH: If the whole of the leased prElllfses, or so I
much thereof as to render the remafnder uftUseable for the ptIl"JlQi9s for which I
I
I
then this lease shall terminate as of the date possessfon shall be so !
taken. If less than the whole of the leased premises shall be taken under I
,
I
I
the same was leased. shall be taken under the power of eJlIinent dOllllin,
the power of eminent domain, and the remainder is useable for the leased
purposes, then this lease shall contfnue in full force and effect and
shall not be terminated by virtue of such taking and the parties may waive
the benefit of any law to the contrary, 1n whfch event there shall be a
- 3 -
I
partial abateaent of the reat hereunder in an IIIlIOUJlt equivalent to
the proratad use of the ,...h,ing p....15es. Any award made in flIIitlent
doIain proceedings for the taking or 4_ging of the leased pr.ises
in whole or in part shall be paid to Lessor.
14. NOTICES: All r.Otices herein required shall be in writing
and deHvered in person or sent by certified 11II11. postage prepaid.
addressed as follows:
LESSOR: .Jeta E. SIllith and Bessie lI~ora Satitll
9880 Lincel" Avenue
Hesperia. CaHfornia 92345
LESS[E: City of Sa" llenlardino
300 ....th -0- Street
San Bernardino. CA 92418
Attention: Real Property Section
15. TElM1NATI~: Lessee sllall Mve the right to teminate
this lease without further HabiHty Ilpot1 the service of a six (6) IIOftth
.Iace written notice of such termillltion by the Lessee to the Lessor
or its Issi9fts. Upoa termiMtion of this lease. Lessee sball surrender
the property occupied by this lease Igret!IIIent In as good condition IS
s... _s at the t.... of Lessee's entry thereof. subJect to the conditiOftS
hereiMbov. set forth.
16. VALIDITY: If anyone or IIOre of the terlls. provisions.
p..-fses. covelllnts. and conditions of ttlfs lease sball not be affected
thereby and sball be V1lHd and enforceable to the fullest extent per-
mitted by law.
17. RECORDATION: Lessee wfl 1 bave this lease recorded in
the office of the County Recorder. San Bernardino County, State of
California. together with the appropriate Resolution of the Governtng
Body of Lessee.
Cl)
-
-
I
~
~
~
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
_ 4 _
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
lB. TIME OF EssalCE: Time is of the essence lIere1n.
IN WITNESS WHEREOF the part1l'ls hereto Mye caused this lease
to be executed the day Ind year ffrst above wr1tteR.
LESSEE
ATTEST :
By.
,*,~d'1Z';0
C1
LESSOR
! I ." . "~
By: / iot \:: ~?V'IJ/( /11'
;
...... as to fOl'll:
1./, ",' ,~~L , 0,"
1_:1. j ~. -... ~m""'" ..-,
Bessie Leora SM1tll
( . L
.:J.T)~f /h
By:
/,~,;/// /
f ","". j'
J, -"1/1,,;
/"J[ 1/ ..-f
I C' (. /,
~fty Alto""" '
,,/ .I
RfrofWEDATRE'';;:';:':,;, Qi
AND MAIL TO
80-275843
CITY
RECORDED IN
OFFICIAL RECORDS
ISBO DEe - 3 PM 3: 56
\110 FEEpAN BERNARDINO
G CO.. CALIF,
SAN
_ 5 _
fND nr: nnr.IIMr:NI
Q)
<:
1
~
~
---J