HomeMy WebLinkAbout1985-246
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RESOLUTION NO. 85-246
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE BOARD OF WATER COMMISSIONERS
OF THE CITY OF SAN BERNARDINO RELATING TO THE USE OF PROPERTY
LOCATED AT 3990 SONORA STREET FOR PARK PURPOSES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF Sfu~ BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereb
authorized and directed to execute on behalf of said City an
agreement with the Board of Water Commissioners of the City of
San Bernardino relating to the use of property located at 3990
Sonora Street for park purposes, a copy of which is attached
hereto, marked Exhibit "A" and 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
meeting thereof, held on
reqular
the
day of
, 1985, by the
1st
Julv
following vote, to wit:
AYES:
Council Members
Estrada. Reilly. Marks
Quiel. Frazier. Strickler
NAYS:
None
ABSENT:
Council Member Hernandez
~dp4'/~4:t/
/ City C erk
,
The foregoing resolution is hereby approved this ~day
of
, 1985.
Julv
I~as
C~ty A orney
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RENTAL AGREEMENT
(Sonora Street Tot Lot)
THIS AGREEMENT is made and entered into on the 18th
day of July , 1985, by and between the BOARD OF
WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO, hereinafter
referred to as "Landlord", and the CITY OF SAN BERNARDINO, a
municipal corporation, hereinafter referred to as "Tenant'~.
Landlord and Tenant agree as follows:
1. Recitals.
A. Pursuant to a Lease entered into by the parties
on April 5, 1984, Tenant has been maintaining a park on
real property located at 3990 Sonora Street, San
Bernardino, California.
B. Tenant desires to continue to use the premises
for municipal public purposes.
C. The parties desire to enter into this Rental
Agreement setting forth their respective rights and
duties with respect to the subject property.
2. Property. Landlord hereby rents to Tenant the premises
located at 3990 Sonora Street, San Bernardino, California.
3. Term. The term of this agreement shall be for a
period of ten years commencing July 1, 1985. Upon expiration
of said ten years, this tenancy shall be automatically renewed
from year to year unless either party notifies the other of
termination at least sixty days before the expiration of any
such year.
4. Rental. As rental payment for the premises,
Tenant agrees to pay Landlord the total sum of One Dollar
($1.00) during the total period of tenancy hereof payable by
Tenant upon execution of this Rental Agreement.
5. Use. Tenant shall use the premises for a city park
or playground or other similar or related use.
6. Maintenance. The Tenant is familiar with the premises
and has knowledge of its existing condition. Tenant agrees
to maintain the improvements and equipment now or hereafter
placed upon the site in good condition and repair, and further
agrees to keep the entire premises free of any weeds which may
create a public nuisance or fire hazard in accordance with
existing City weed abatement ordinances. Tenant shall be allowed
to construct and maintain, in a safe and orderly condition, any
fences or other improvements which are necessary for the purposes
set forth herein.
7. Utilities. Tenant shall pay for all gas, electricity,
water, light, heat, power or other service or utility used on
or supplied to said premises.
8. Improvements. Tenant may, upon termination of this
Rental Agreement, remove from said premises any items of personal
property, fixtures, structures, or equipment constructed or
placed on the premises by Tenant. Tenant agrees that any fences
placed on the property shall be left on the property upon
termination of this Rental Agreement. It is understood and
agreed that Tenant may, without the prior oral or written consent
of the Landlord, add, remove, or replace any or all personal
property, fixtures, structures, or equipment at any time during
this Rental Agreement.
9. Assignment. The rights of Tenant shall not be assigned
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1 to any other person, firm or corporation without Landlord's prior
2 written consent.
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10. Inspection. Landlord shall have access to the premises
4 at any and all reasonable times to inspect and to determine
5 compliance with this agreement.
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11. Compliance With Laws. Tenant shall not violate, nor
7 allow the violation of, any law of the city, state or federal
8 government in conducting its operation under this Rental Agree-
9 ment.
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12. Hold Harmless. Tenant shall hold Landlord, its
11 appointed board, officers, agents and employees, harmless from
12 any liability for damage or claims for damage for personal
13 injury, including death, as well as from claims for property
14 damage which may arise from Tenant's use of the premises under
15 this Rental Agreement. Tenant hereby waives any claim or
16 claims for liability against the Landlord which may arise out
17 of the condition of the premises. Tenant further waives any and
18 all rights and claims for damages against the Landlord in the
19 event any or all of the subject property is destroyed or damaged
20 by flood, other act of God, or like occurrence. Tenant shall
21 indemnify and hold Landlord free and harmless from any and
22 every claim, cost, liability, expense, damage or action for
23 damages, and any cost or expense in connection therewith which
24 may arise out of the use of the premises.
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13. Successors, Etc.
The covenants and considerations
26 of this agreement shall apply to and bind the successors in
27 interest and legal representatives of the parties hereto and all
28 covenants are to be construed as conditions.
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14. No Waiver by omission to Enforce. No acquiescence,
2 failure or neglect of either Landlord or Tenant to insist on
3 strict performance of any or all of the terms hereof in one
4 instance shall be considered or constitute a waiver of the right
5 to insist upon strict performance of the terms hereof in any
6 subsequent instance.
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15. Amendment. This Rental Agreement may be amended or
8 modified only by written agreement signed by both parties.
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16. Notice. All notices required shall be in writing and
10 delivered in person or sent by certified mail, postage prepaid,
11 addressed as follows:
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Landlord
Tenant
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Board of Water Commissioners
Ci ty Hall
300 North "D" Street, 5th Floor
San Bernardino, California 92418
City of San Bernardino
c/o Director of Parks,
Recreation and Community
Services
300 North "D" Street
San Bernardino, CA 92418
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17. Termination. Either party may terminate this agreement
18 for any reason upon a 60-day written notice to the other party.
19 IN WITNESS WHEREOF the parties hereto have caused this
20 Agreement to be executed the day and year first above written.
21 CITY OF SAN BERNARDINO
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I ATTEST:
'I ~{?1'?/~Ab
C'~ty Clerk
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By
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fl~&'e
BOARD OF WATER COMMISSIONERS OF
THE CITY OF SAN BERNARDINO
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J ~jXl ~
f Chairman
By
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~mo
City A torney ~
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