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HomeMy WebLinkAbout34-Parks and Recreation ~'''C"''-'...",.,.'7,''''''''-''''r.'>;'- ~ 'f _ ~",'..'._:'.-,-", . L"'l: l', '. CI-" OF SAN BERNARDI~ - REQU'" FOR COUNCIL ACftoN From: ANNIE F. RAMOS, DIRECTOR PARKS, RECREATION AND COMMUNITY SERVICES JUNE 12, 1985 Subject: Reso 1 ut ion authori zing the execut i on of an agreere<!!nt with the Board of Water Commi s- sioners of the City of SAn PornAr~inn for use of property on Sonora Street for recreational purposes. Oept: Date: Synopsis of Previous Council action: Approved Resolution 84-105 on March 21, 1985 authorizing Lease of the property through June 30, 1985. Recommended motion: Adopt the Resolution. Contact person: Annie F. Ramos Phone: 5030 4 01-332-123 tJ~ /I ~'-?u.... .(;- A!""'-"" Supporting data attached: YES Ward: FUNDING REQUIREMENTS: Amount: .-J 1 .00 Sou rce: Finance: Council Notes: 75.0262 / Agenda Item NOS "fl.; '; .i.'.-'....'...'.~,::;.;-".it"..>-'.<p~' , "..~.-,..".;-.~,~-7 .~..-..7~:'~~----_'_--. -- ..... ---"'.-:------~~'C". ".~ , . CIA OF SAN BERNARDlo - REQUAT FOR COUNCIL AC~ON STAFF REPORT The City Parks, Recreation and Community Services Department has had an agreement with the City Water Board for use of the Sonora Street property since 1974. The Agreement was renewed to run through June 30, 1985. The property is utilized as a tot lot and is continually used daily by residents of the area. In order to alleviate the annual process of renewal, it is recommended that the property Term of use be for 10 years with automatic renewal if no notice given to the contrary by either party. 75-0264 ___--.J ~-......,,-----~---,-,.~ . ' . "" ~,,~. .-c;:;. .,..,.-..':~ ..'...,o,-".w~ - ~- -;'."-'l7""~'~"-, . . . RESOLUTION NO. 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. SECTION 1. The Mayor of the City of San Bernardino is I I hereb~ BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 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 the day of , 1985, by the following vote, to wit: AYES: Council Members NAYS: ABSENT: City Clerk The foregoing resolution is hereby approved this ____ day of , 1985. of the City of San Bernardino , . . 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 ,I !I 27 I, Ii 28 I I -r", '""'--'C---""~""'..~":'. .:if.,;..-....,. . . . RENTAL AGREEMENT (Sonora Street Tot Lot) THIS AGREEMENT is made and entered into on the day of , 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 EXHIBIT A -~---' --.,-"".., ",'"-',l" .~ .",. ., . . . I 2 1 4 5 (, 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 II 22 23 24 Ii I I 25 I I I 26 II 27 I, Ii 28 , - ~,l ~-"'-~-'--, '~, ''''(i-.,:'," "<""~l.'" 'C"..-'--_~---.", . . . ($1.00) during the total period of tenancy hereof payable by Tenant upon execution of this Rental Agreement. 5. U5e. 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 2 ~ . , . 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 ."-'-'~,",'7"".,.-:,w~.'-","",?-~--.~;~~.. ~T;""",;1P'::"li:r Ii""" .M,-- . . . to any other person, firm or corporation without Landlord's prior written consent. 10. Inspection. Landlord shall have access to the premises at any and all reasonable times to inspect and to determine compliance with this agreement. 11. Compliance ,With Laws. Tenant shall not violate, nor allow the violation of, any law of the city, state or federal government in conducting its operation under this Rental Agree- ment. 12. Hold Harmless. Tenant shall hold Landlord, its appointed board, 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 Tenant.' s use of the premises under this Rental Agreement. Tenant hereby waives any claim or claims for liability against the Landlord which may arise out of the condition of the premises. Tenant further waives any and all rights and claims for damages against the Landlord in the event any or all of the subject property is destroyed or damaged by flood, other act of God, or like occurrence. Tenant shall indemnify and hold Landlord free and harmless from any and every claim, cost, liability, expense, damage or action for damages, and any cost or expense in connection therewith which may arise out of the use of the premises. 13. Successors, Etc. The covenants and considerations of this agreement shall apply to and bind the successors in interest and legal representatives of the parties hereto and all covenants are to be construed as conditions. i i , L 3 . . . ""..",~ "~)'~'-'----=~T--" . . . 1 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. 7 15. Amendment. This Rental Agreement may be amended or 8 modified only by written agreement signed by both parties. 9 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: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Landlord Tenant 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 "0" Street San Bernardino, CA 92418 17. Termination. Either party may terminate this agreement for any reason upon a 60-day written notice to the other party. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF SAN BERNARDINO ATTEST: City Clerk By Mayor ' BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO Approved as to form: By Chairman City Attorney 4