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RESOLUTION NO. 4J$9
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A RENTAL
AGREEMENT BETWEEN SAID CITY AND THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO RELATING TO THE RENTING OF THE PREMISES
AT FOURTH AND "G" STREETS FOR THE PURPOSE OF AN EMPLOYEE
PARKING LOT.
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 is hereby
authorized and directed to execute on behalf of said City a Rental Agreement
between said City am The Redevelopment Agency of the City of San Bernardino
relating to the renting of the premises at Fourth and "G" streets for the purpose
of an employee parking lot, a copy of which is attached hereto, marked Exhibit
"A" and referred to and made a part hereof as fully as though set forth at
length herein.
I HEREBY CERTIFY that the foregoing resolution was duly adopted
by the Mayor and Common Council of the City of San Bernardino at ~
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meeting thereof, held on the -4~/ day of Y,I7//d-yt
following vote, to wit:
AYES: Councilmen: #/'.#777#4 -~4(;. ~__4"/?A-"~ ~.bw/
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NOES: Y)'/J/l//
ABSENT:
, 1971 by the
The foregoing resolution is hereby approved this -%-d/
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day of
;?n?///J~
, 1971.
Approved as to form:
/~~JLduu?
iCityA rney
MaYOlj'of the ity of San Bernardino
Pro Tempore
F I L>a
JAN :2 '~
~UCIL('G O,FOR, Ti I, City C:'(
BY / //, -- "" , /
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Agreement No. 284-A
THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO, CALIFORN}A
RENTAL AGREEMENT
~ Ptn R""." PARCEL n ;'lnti ;>3
ASSESSOR'S NO.
This Rental Agreement is made and entered into this l.t day of
,J"n",,'1' 19--1L, by and between The Redevelopment Agency of the City
of San Bernardino, California (hereinafter called Landlord) and The City
of 5~1l Il1lnlilrdillO (hereinafter called Tenant).
It is agreed between the parties hereto as follows:
1. Landlord in consideration of the rental herein received and of the state-
ment made by Tenant, hereby rents to the Tenant and the Tenant
and takes the premises in Central City Proj ec t Area No.
inafter called the "Proj ec t"), at Southem_.!;Q!'11er of 4th and
San Bernardino, California, subject to the terms and conditions
hereby hires
1 ,(here-
"G" Street__
hereinafter
set forth, on a month to month tenancy, commencing on the first day of
.Ianllary
Dollars ($
day of each
, 19 -11--, and at a monthly rental of Twpnty
20.00 ) per month, payable monthly in advance on the first
and every month. (See attached letter and map for description
of rented area.)
,
II. In the event Tenant obtains possession from Landlord of said demised pre-
mises prior to the first day of Januarv , 19-11--, then Tenant shall
pay rent in advance to Landlord on the date of possession at the rate here-
in specified, such earlier rent to be prorated on a thirty (30) day month
basis. Tenant s earlier commencement of possession shall be subject to all
the terms covenants, conditions and agreements of this agreement, and such
earlier possession shall not otherwise affect, aIter or change the provisions
of this agreement.
III. This agreement shall be automatically renewed for successive terms of one
calendar month each, at a rental of $ 20.00 per month payable in ad-
vance on the first day of each calendar month, unless otherwise terminated
as herein provided. It is mutually agreed that the terms hereof, or any re-
newal or extension thereof, may be terminated at the option of either the
Landlord or the Tenant upon the giving of thirty days' ( 30 )
written notice to the other party, or upon such shorter notice as may be
mutually acceptable and agreeable to Landlord and the Tenant, and Tenant
agrees to vacate said premises on or before the date specified in said
Notice. In the event Tenant fails to vacate the premises on the date spe-
cified in the Notice, Tenant shall pay the sum of $ 2.01 per day, as
rental for each day he unlawfully occupies said premises after said date.
If this Agreement shall be terminated pursuant to any of the provisions of
this paragraph t~e unearned rent theretofore paid by the Tenant shall be
refunded, provided that the Tenant has fulfilled all his obligations under
this agreement or extension thereof. Earned rent for the portion of the last
month occupied, when the lease is terminated on other than the last day of
a calendar month, shall be prorated on a thirty (30~day month basis.
,
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IV. This Agreement is entered into upon the following express covenants
and condi tions:
(1) Tenant hereby waives the provlslons of Section 1941 and 1942 of
the Civil Code of the State of, California which read as follows:
1941, Obligation of Lessor. The Lessor of a building
intended for occupation of human beings must in the
absence of an agreement to the contrary, put it into
a condition fit for such occupation, and repair all
subsequent dilapidations thereof, which render it
untenantable except such as are mentioned in Section
nineteen hundred and twenty nine.
1942, If within a reasonable time after notice to the
Lessor, of dilapidations which he ought to repair, he
neglects to do so, the Lessee may repair the same him-
self, where the cost of such repairs does not require
an expenditure greater than one month's rent of the
premises and deduct the expenses of such repairs from
the rent or the Lessee may vacate the premises, in
which case he shall be discharged from further payment
of rent or performance of other conditions.
(2) The Landlord shall not be called upon to make any repairs or im-
provements whatever upon said premises, or any part thereof, but Tenant shall
at Tenant's own cost and expense, keep all of said premises in as good order,
condition and repair as reasonable use and wear thereof will permit. Tenant
shall make no alterations in said premises without the written consent of
the Landlord first had and obtained. Tenant will be allowed no credit by
Landlord for the cost of any repair work performed or ordered done by Tenant
to said premises.
(3) Tenant agrees to pay for any damage done to the premises by Tenant,
his family or occupants of the premises, invitees, visitors, or guests of
Tenant and for any other damage occurring to the premises except damage be-
yond Tenant's control.
(4) Tenant agrees not to assign this agreement, no sublet or transfer
possession of the premises nor to give accommodation to boarders or lodgers
nor to use or permit the use of the rented property for any other purpose
than as a Parkinq area
solely for the Tenant and (if used as a dwelling) his family consisting of
N/A
The Tenant will not permit persons other than those specified herein to
occupy the premises without first securing the written permission of the
Landlord.
(5) Tenant agrees to keep the premises in a clean and sanitary con-
dition, to maintain the rented property including the care and upkeep of
lawns, shrubs; and trees, and to comply with all governmental laws and
ordinances.
(6) Tenant agrees to permit the Landlord or its representatives to
enter the premises during all reasonable hours to examine the same or to
make such repairs, additions or alterations as may be deemed necessary by
the Landlord.
(7) In the event of a misrepresentation of any material fact in any
statement submitted to the Landlord by the Tenant, hereunder, or any breach
of any condition or covenant hereunder by Tenant, the Landlord may terminate
this agreement by giving Tenant three (3) days prior notice in
writing to vacate the premises and said Tenant agrees to vacate the premises
on or before the date set forth in said notice to vacate. In the event
Tenant fails to vacate the premises on said date, he shall be required to pay
the amount of rental specified in paragraph III hereof for each day he wrong-
fully occupies the premises after said date.
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(8) Feither the Landlord nor any of its representatives or
employees shall be liable for damap,e or loss froM theft or frow eny ot~er
cause whatsoever to the property of (1) the Tenant (7) any ~e~ber of the
Tenant's fan,ily or occupants of the premises, or (3) any of the Tenant'e
visitors invitees or guests.
(9) Upon the breach of any covenant or condition herein contained
or upon the te~ination of this agreement as herein provided end upon giving
of notice as required herein the Landlord.s representative shall heve the
right inme~iately to re-enter the premises and remove all persons and
property therefrom.
(10) Any notice required to be given under the provisions of
Section 1161 or l161a of the Code of Civil ProceGure of the ~tatc of Calif-
ornia and any notice given pursuant to p2ra~raph III end parap,raph (7) of
this agree~ent shall be given in the manner prescribed by Section 1162 of
the Codc of Civil Procedure of the State of California. Any other notice
may be given to the Tenant personally, or to any person then in or upon the
premises, or affixed to the door of the premises, or sent throup,h the ~ails
to the premises occupied by the Tenant. Notices to the Landlord must be
in writine and nelivere~ to tl,e Landlord, or any duly qualified and authorized
representative of the Landlord and receipt therefore o~tained
(11) In case suit shall be broup.:ht for. an ~,nle..,ful detainer of the
s~~d premises, or for the recovery of any rent nue under the provisions of
this agreenent, or because of the breach of any other covenant or condition
herein contained on the part of the Tenant to be I"ept or performed. the
Tenant b~recs to pay to the Landlord ~ reasonable attorney's fee which shall
be fixed by the Court.
(12) The Tenant ap,rees, durinr the period of this rental agreement
~t to discri~ina,te upon the basis of race, color, creed or nationel orip.in
Inthe use or OCcupency of said property. The United States is a beneficiary
of this covenant and is entitled to enforce it by authority of the Civil
Fights Act of 1%4.
(13) In the event there exists any rental" ap,reenent or lease involv"
ing the property which is the subject of this a?recnent between the Tcr~.nt
and any predecessor in interest to the Lanclord it is a~reerl and understoo~
that such prior lease or rental agreement is ce.ncelled.
(14) The waiver by Landlord of any breach of any term, covenant or
condition herein contained shall not be dee"-ec to be a waiver of such term
covenant or condition or any subsequent breach of the same or any other term,
covenant or condition herein contained. The subsequent acceptance of rent
hereunder by Landlord shell not be teemed to be a waiver of any precedin~
breach by Tenant of any term, covenant or condition of this agreement other
than the failure of Tenant to pay the perticuler rental so accepted, regard-
less of Landlord.s knowledge of such preceding breach at the tine of
acceptance of such rent.
(15) Tenant shall pay for all water supplied to the said premises,
including any sewer char8es, and Tenant shall pay for all gas, li~ht, po,'er,
telephone service disposal service, and all other services supplied to the
said premises. Nothinp herein contained shall be construed as requirine the
Landlord to supply to Tenant, or said premises, any of the above-mentioned
services and utilities except those services and utilities listed on
suppleacnt to this rental ~ereement.
(16) All fixtures upon the nemisec premises now beloncin? to the
Landlord ...nd any ane1 ~ll fixtures hereafter attachecl to !leid prcr,lises not
othen1ise agreed in "ritin? ~y Landlord to be tte pronerty of Tenant. shall
at all tiFes be the property of the Lannlord. an~ upon the terMination of
this agreement shell not be removed by the Ten~nt.
(17) Tenant aerees to carry fire and extendecl coverap-e insurance
on the leased prcn:ises during the entire tern of this agreement :!.n the sw-
of $ , written by an insurance company qu"lifie~ to do
business in the State of California] to be written in the DaMeS of and for
the benefit of Landlord and Tenant, as their respective interests May appear
Should the property at any tine during the tern.of this agree'
ment be so injurer! by fire, casualty, or othen<ise that it is rendered unfit
for occupancy, as deterwined by the repartMent of Duilding end Safety, City
of San rernar~ino, California, then this agreement shall imMediately terminate
and there shall be refuncled to Tenant. vn a pro-rate basis, any advance or
unearned rental t~at at such ti~e may have been p.,id
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Tenant shall furnish Landlord contingent liability insurance in an
insurance company qualified to do business in ,th~ State of California,
in the sum of $________________ / $ in case of injury or
death to person or persons and in the sum of $
property damage for the same accident or occurrence. SUch insurance to be
procured at the time of delivery of possession of said premises to Tenant
and to be kept in full force and effect during the entire term of this
agreement.
(18) The cost of premiums for all such policies of insurance as here
in'~equired shall be paid by the Tenant, said policies shall be in the joint
names of Tenant and Landlord and duplicated copies thereof shall be delivered
to the Landlord.
'In the event Tenant fails to procure such insurance and pay the pre-
miums thereon, Landlord shall have the right to procure such insurance and
pay the premiums thereon, which amounts will be deemed additional rent and
due and payable by Tenant to Landlord with the next installment of rent
due thereafter.
Tenant further agrees to hold Landlord free and harmless from any
and alI claims and causes of action during the term of this agreement
on account of injury or damage to persons or property from fire, accident
or other causes in or upon or about said premises.
(19) All the terms and conditions appearing herein are specifically
made a part of this agreement. This agreement evidences the entire agree-
ment between the Landlord and the Tenant, and no modification thereof shall
be valid unless in writing and signed by the Landlord and the Tenant.
(20) If any portion of this agreement at any time or for any reason
is deemed unenforceable, this shall not be construed as cause for invalidat-
ing any or all other portions.
Executed at San Bernardino, California this
day of
.
Ten
Approved as to Legal
Form'and Adequacy
, REDEVELOPHENT AGENCY OF THE
CITY OF Sfu~ BERNARDINO, CALIFORNIA
Bruce D. Varner
Legal Co'unsel
F. "Jay" Jones
Relocation and Property Manager
,
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I~TT^CiIE:~E:1T T8 p.E:ITn N';~;::E':E:IT
TE:,tAilT
REDElfEL()r'lE.'IT /\r,CICY f'F THE
CITY OF SNI BErnN'DIW1, C.~L1F.
H.lIJE R X
SE\-!ER CI:l1J~r;ES X
GAS X
ELECTRIC X
TELEDJj()i1E SEP.\fICE X
DI SPOS/\L SE P.'1l CE X
"
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(CITY PARKING)
UTIl OF rOUlnll STlH:ET AT'
!
STREET
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Those portions of Blocks 22 and 23, City of San Bernardino
as per plat thereof recorded in Book 7 of Maps, page I, records of
the County Recorder of San Bernardino, State of California, and
those portions of "G" Street and Court Street as said Streets were
vacated by the Mayor and Common Council of the City of San Bernar-
dino by Resolution No. 9351 recorded August 20, 1968, Document
No. 445 in Book 7080, page 517, Official Records of said County,
10
I described as follows:
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Beginning at the intersection of the centerlines of Fourth
Street and "G" Street as said Streets are del ineated on said Map
of the City of San Bernardino; thence East along said centerline
of Fourth Street, a distance of 125 feet, more or less to a point
in a line which is paral lei with and 125.00 feet East of and
measured at right angles to the centerl ine of said vacated "G"
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Street; thence South along said parallel I ine a distance of 350
19
20
feet to a point in a I ine which is parallel with and 350.00 feet
South of and measured at right angles to the said centerl ine of
21
22
Fourth Street; thence West along said last mentioned parallel line,
23 a distance of 177 feet to a point in a I ine which is parallel with
24 and 52.00 feet West of and measured at right angles to the center-
25 line of sa i d vacated "G" Street; thence North a long sa i d last
26 mentioned parallel line, a distance of 350.00 feet to the center-
27
28
29
30
31 pur pose s.
I ine of said Fourth Street; thence East along said centerl ine of
Fourth Street a distance of 52.00 feet to the Point of Be~inning.
EXCEPTING therefrom those portions as dedicated for Street
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