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RESOLUTION NO..
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE BETWEEN SAID
CITY AND SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT RELATING
TO THE USE OF LAND BY SAID DISTRICT FOR THE CONSTRUCTION AND
MAINTENANCE OF AN ADMINISTRATION BUILDING FOR A TERM OF FIFTY (SO)
YEARS.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION ONE: That the City of San Bernardino execute a
Lease between said city and the San Bernardino Valley Municipal
Water District relating to the use of land by said district for
the construction and maintenance of an administration building
for a term of fifty (SO) years.
SECTION TWO: That said Lease referred to herein, a copy of
13 which is attached hereto, marked Exhibit "A" and referred to and
14 made a part hereof as fully as though set out at length herein,
15 is hereby approved.
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SECTION THREE: That the Mayor of said city is hereby
authorized and directed to execute said Agreement on behalf of
the City of San Bernardino.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of
Bernardino at ~~, t:~~h7~&v
held on theb23d,d of ~
following vote, to wit:
the City of San
meeting thereof
, 1966, by the
AYES:
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ABSENT:
ti;,go,ng
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resolution is hereby approved thi~~day
, 1966.
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LEASE
THIS IItDEllTUlUl: OF LEASE is made and entered into by and
between the City of San Bernardino. a municipal corporation,
hereinafter sometimes referred to as "Lessor". and San Bernardino
Valley Municipal Water District. a municipal water district.
hereinafter sometimes referred to as "Lessee". both of whom
understand as follows:
WHEREAS, Lessor owns certain real property hereinafter
described which is not now needed for municipal purposes; and
WHEREAS. it is not cont~lated that said property will be
so needed during the next fifty (50) years.
ROW. 'l'Il1!:llEP'OaE. in consideration of the covenants. promises
and agreements herein contained, it is hereby agreed as follows:
1. ProDertv Leased
Lessor. for and in consideration of the rents herein re-
served and agreed to be paid by the Lessee and in further consid-
eration of the covenants and agreements herein contained on the
part of the Lessee to be kept. performed and fulfilled. hereby
Leases and lets to the Lessee. and the Lessee hereby hires and
leases fr~ the Lessor. that certain real property situated in
the City of San Bernardino. County of San Bernardino. State of
California and more particularly described in Exhibit "I". which
is attached hereto and by this reference made a part hereof. for
the term of fifty (50) years cOllBDencing on the first day of May.
1966. and ending on the last day of May. 2016.
2. Rental Pavaents
Lessee agrees to pay and Lessor agrees to accept as rental
for said premises. during the term aforesaid, an annual rental
of One ($1.00) Dollar. payable in advance on or before the first
day of each and every July during the term hereof.
3. Construction bv Lessee
Lessee hereby agrees to cause to be constructed on the
above described premises an administrative headquarters building
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for Lessee's public use at the location shown a.s Parcel No.1 Building
Site on the map attached hereto marked Exhibit II and incorporated herein
as fully as though set forth at length.
Plans and specifications for said building shall be prepared by the
Lessee at its expense; said plans, specifications and all improvements
shall be subject to the approval of the Planning Director of Lessor.
Each set thereof will be identified by the signature of the City Engineer
of Lessor and the signature of an authorized representative of Lessee;
one of which sets will be delivered to Lessox.
Furthermore, the Lessee shall at its own expense landscape, beautify
and plant the entire area (except the administrative headquarters build-
ing and paved appurtenances, public streets and pumping station) of the
leased properties, subject to the approval of the Planning Director of
Lessor; and shall at its own expense maintain, water and care for said
planted area. The landscaping and such plans and specifications shall
be designed to provide a park atmosphere and fitting gateway entrance to
the City for motorists traversing on the freeway and streets near the
leased premises.
Lessee shall construct a large water fountain in the landscaped area
on the leased premises in accordance with plans and specifications to
be prepared by Lessee, subject to the approval of the Planning Director
of Lessor. The ballistic missile shall remain at its site on the
premises and the area shall be planted, landscaped and maintained by
Lessee.
Lessee shall furnish or cause to be furnished all material,
equipment. labor and supervision to complete the construction of
said building and improvements according to said plans and specifi-
cations. and all construction and work therein specified shall
be in accordance with the provisions of the ordinances and laws
of the City of San Bernardino and other governmental authority
applicable thereto. In the event of conflict between any of
such specifications and any of such ordinances or laws. Lessee
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shall be governed by and comply with such ordinance. or laws
insofar as they conflict with such specifications but shall not
otherwise deviate from said specifications.
During the construction of the building an engineer or
architect designated by the Lessor. or his duly appointed repre-
sentatives. shall have complete access to the site. structures.
improvements and equipment. Lessee shall designate sOllIe respon-
sible person to be in charge of said construction who will be
available to confer with such engineer or architect.
Within one (1) year after the execution of this lease. Lessee
shall have completed said construction and improvements for occu-
pancy. '!be time for completing said improvements shall be extended
for such reasonable time as work shall be delayed by reason of
fire. flood. earthquake. act of the public enemy. riot. insurrec-
tions. acts of civil or military authorities or of the government.
inability to obtain labor or materials. or governmental regulations
or controls on the sales of materials or supplies or the transpor-
tation thereof. or strikes directly affecting construction of said
improvements or transportation of materials or supplies in connec-
tion therewith. acts of God. legal process or other cause beyond
the control and without the fault of Lessee. Lessee shall not
be liable for any loss or damage for any such delay.
Any amendinents to the plans and specifications or change
orders relating to the adininistrative headquarters building.
water fountain and landscaping project for the leased premises.
and the construction thereof by the Lessee. shall be subject to
the written approval of the Planning Director of the Lessor.
4. Covenants of Lessee
Lessee covenants and agrees with Lessor.
(1) '!'hat it will not use said premises for any unlawful
purposes.
(2) '!bat it will pay the rent as above specified.
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(3) That it will use said premises in a careful and
proper manner.
(4) That it will comply with such lawful requirements of
state, municipal and public authorities as relate to its use
and occupancy of said premises.
(5) That it will maintain said premises and faprovements
and make all replacements and repairs necessary to said premises
and improvements during the term hereof, ordinary wear and tear
excepted.
(6) That it will permit Lessor to examine said premises
during the usual business hours.
(7) That it will pay for all gas, electricity, light, heat.
power, water and other service or utility used on or supplied to
said premises.
(8) That Lessee will at all time on and after the date on
which the term of this lease cOllllllences, and at its own expense,
keep all of the improvements on the leased premises insured against
loss or damage by fire and other risks covered by standard extended
coverage endorsement, and by vandalism and malicious mischief, and
insured against loss or destruction due to shock or earthquake,
and war damage (when procurable) in an amount equal to not less
than the replacement cost of such improvements. That Lessee will
procure and maintain in force during the term of this lease an
insurance policy or policies insuring Lessor and its officers,
employees and agents against public liability and property damage
in the following minimum amounts, to wit:
For injury to or death of one person
Subject to the above limit for each person,
for injury to or death of two or more
persons in anyone occurrence
For damage to property of others for
each occurrence
$300,000
$1,000,000
$500,000
All insurance shall be carried with insurance companies
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approved by Lessor and licensed to do business in the State of
California. A renewal policy shall be procured not less than
ten (10) days prior to the expiration of any such policy. The
policies of insurance as above provided or certificates of the
insurers evidencing insurance carried on or respecting the premises
hereby leased shall be forthwith deposited with Lessor.
Nothing in this lease contained shall prevent either party
from obtaining additional insurance at its own expense. All
insurance during original course of construction shall be at the
sole cost of Lessee.
(9) That if any mechanic's lien or liens shall be filed
against the leased premises for work done by or for, or materials
furnished to Lessee, Lessee shall forthwith or within a reasonable
time thereafter either cause the same to be discharged by paying
the amount of the lien or shall litigate the same with due care
and diligence to a final judgment or decree from which there is
no appeal, and in the event such judgment or decree upholds said
lien in whole or in part, Lessee shall forthwith pay the same.
(10) That Lessee shall, at Lessee's expense, obtain all
necessary permits and licenses for the construction of such improve-
ments, give all necessary notices and pay all fees and taxes
required by law.
(11) That Lessee will comply with any and all laws,
ordinances and regulations of Lessor in connection with construc-
tion, maintenance and use of the leased premises including but
not limited to zoning and building regulations.
(12) That Lessee will provide and permit free and unencumbered
access to the pumping station and filter and sewer lines of Lessor
located on the leased premises and agrees not to interfere with or
hinder the operation thereof by Lessor. In the event Lessee desires
to relocate said station, filters or lines or to modify the access
to or operation of said station, filters or lines, Lessee agrees
to permit the Lessor to make any such reasonable relocation or
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or modification. It is further understood by Lessee that it will
take possession of the lease premises subject to any rights-of-way,
easements or existing interests, whether of Lessor or any other
person, firm or corporation.
(13) Lessee agrees to pay all expenses which will be incurred
for the purpose of widening the existing public street, as presently
planned, including labor and materials, and the cost of installation
of paving, sidewalks, curbs and gutters adjoining the leased premises.
Such street improvements shall be in conformity with the standard
specifications of Lessor. Lessor will pay for any additional assess-
ments or special benefits imposed by law or by Lessor upon the premises.
In the event the northwest corner of the property shall be needed for
freeway or street and highway purposes as determined by Lessor, this
Lease shall terminate as to that portion 80 needed or taken and the
entire award or money therefrom shall be paid to Lessor.
5. Covenants of Lessor.
(1) That Lessor has suffered or permitted no encumbrances of
liens upon its title to the premises and that Lessor has full right
and authority to execute this lease, and agrees that Lessee, upon pay-
ing said rent and performing the covenants of this lease, shall have,
hold and enjoy the demised premises during the term hereof;
(2) That Lessee shall, at its own expense, have the right
to make such alterations, additions, installations, changes and improve-
ments in the building upon said leased premises as may be necessary
for Lessee's purposes, provided such alterations, additions, instal-
lations, changes and imprc:auents shall not lessen the value of said
building, and, provided, further, that structural alterations shall
require the prior approval of Lessor.
(3) That all alterations, additions, changes and improvements
to said building made by Lessee shall, unless otherwise provided
by written agreement, become and remain a part of the building, pro-
vided, however, that improvements and property placed by Lessee in
or on the leased premises which do not actually become a part of
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the building standing thereon. or any replacement thereof. may
be removed by Lessee if the same C&l be so removed without
permanent injury or damage to the premises. and if any resulting
injury or damage is fully repaired by Lessee prior to the surrender
of the leased premises.
(4) That whenever under authority of Section 6 of
this lease the building on said premises is in whole or part
destroyed. torn down. replaced or removed by Lessee. the title
to the salvage therefrom shall immediately vest in Lessee and
the proceeds from the sale of any such salvage shall belong to
Lessee.
(5) That. upon approval of Lessor. Lessee may assign
this lease or sublet the said premises or any part thereof for
any lawful purpose. but shall remain liable for the performance
of its covenants hereunder.
6. Destruction or Damaae to BuildinRs
Notwithstanding any law now in force or hereafter ellacted.
this lease shall not terminate or be affected in any manner.
except as herein otherwise provided. by reason of the damage to.
or total or substantial nr partial destruction of the building
hereafter erected upon the leased premises. or by reason of the
untentability of the leased premises or any part thereof.
Should the whole or any part of said building at any time'
be partially or totally destroyed by any cause during the term
of this lease. such building may at Lessee's option to be exer-
cised by written noLiee to Lessor within thirty (30) days after
such partial or total destruction. and at its own expense. be
restored or repaired by Lessee. or replaced by it. with a
modern building of equal or greater value then suitable to the
same needs of Lessee. In the event such option is 80 exercised.
Lessee shall so proceed and the proceeds of any fire insurance
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shall be available to Les..e for Wle by Less.. in such amount
as ..y be nec.ssary for the purpose of clearing. repairing or
r-.oving daaag. or restoring or r.builcliag the builcliag. and
Lesse. shall bav. the right and authority to adjust loss.s and
ex.cute proofs of such lo..es in the Il8IIl8 of Lessor. Le..... or both.
In the event Le.... ahall fail to exercise its &ptlon to r.stor.
or repair or rebuild as ber.in provided. or to communicate
notice of such .lection in writing to Lessor. all .uch insurance
proc.eds r.ceiv.d on accouat of such de.truction or dulage shall
b.long to and b. deliv.r.d to Le.sor. In such event Lessor ..y
terminate this leas. without furth.r netice to Le.....
7. jaorov-.nt. Iev.rt
At the .xpiration of this l.as.. tb. Lesse. agre.s that the
Lessor shall have the right to enter into and upon the land. and
repo..ess it..lf th.reof. and that all builclings. structures and
laprov_enta of whatev.r kind and nature .rected upon said land
during the life of this lea.. .ball rev.rt to the Lessor and
become it. prop.rty in f.. slaple without process of law.
8. Provisions C:uau!ative
'l'be provi.ions of this agre.ent are ctaulative. and in
adclition to and not in Uaitation of. any other rights or
reaedies availab1. to Lessor.
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All notices herein requir.d ahall b. in writina. and deliv.red
in p.rson or sent by r.gister.d or c.rtifiedmail. postage prepaid.
Iotices r.quired to be given to Lessor shall be addressed
to the C:ity C:lerk. C:ity Ball. C:ity of San Bernardino.
Iotic.. r.quired to b. given to Le.s.. shall b. addr.ssed
to Gen.ra1 lfanag.r. San Bernardine Valley Municipal Wat.r District.
3SS Iorth "D" Str.et. San Bernardino. California.
Provided that any party may change such address by notice
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in writing to the oth.r party and th.reaft.r notic.s shall b.
addr.as.d anel traD8llitt.d to the new addreas.
10. ~ Waiv.r bv Qlll1ssioa to Ipforc.
110 acqui.scenc., failure or n.glect of .ith.r Le..or or
Leas.. to insi.t on .trict p.rforJl&l'lCe of any or all of the t.rms
hereof in on. instance .hall b. CDI'l8ider.d or constitute a waiver
of the right to insbt upon .trict performance of the teras h.reof
in any sub..quent instanc..
11. General Cend!.t,1ou of Mr..ent
It b h.r.by coveDant.d and agr..d that tta. b of the
.s.enc. of thb agr....t except wh.r. oth.rwb. expr...ly provided.
If any ..ction. paragraph, .entenc., claus., phras., Or por-
tion of this lea.. is invalid or shall b. h.ld to be invalid.
.uch invalidity .hall not affect the validity of the balanc. or
remainder.
'Eb.r. are DO covenant. and warranti.s oth.r than tho.e
expr....d h.rein. except the warranty of titl..
ATrEST:
CIn OF SAl( P,-UDIlW, Le..or
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W>'--cIirk
By ag C ~/LL:U{
SAIl PW-AIlDIlW VALLEY IlUl'ICIPAL
WKrD DISTIICT, Le....
By
Pr.sident
and
S.cr.tary
~~-~eT
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illtHIBIT I
1 LEGAL DESCRIPTION OF PROPERTY OWNED BY THri; CITY OF SAN BERNARDINO,
LOCATED ON "F;" STREET. SOUTH OF ORANGi:: SHOW ROAD, TO BE LZASED TO
2 I THE SAN BERNARDINO VALLEY WATER COMPANY.
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4 I That portlon of Lot 23, Block 54, Rancho San Bernardlno, as
5 per plat recorded ln book 7 of Maps, page 2, records of sald
6 County, descrlbed as follows:
7 Beglnnlng at the intersectlon of the north 11ne of sald Lot
8 23 wlth the west 11ne of "B" street, 82.50 feet wlde, as conveyed
9 by deed from the Clty of Rlverslde to the County of San Bernardlno,
10 as recorded May 23, 1924 ln book 845, page 268 of Deeds; thence
11 westerly along the north 11ne of sald Lot 23, a dlstance of 308.09
12 feet to the east 11ne of the property conveyed by deed from the
13 Clty of Rlverslde to the State of Callfornla, as recorded Septem-
14 ber 29, 1955 ln book 3820, page 542, Offlclal Records; thence
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southerly along the east llne of sald hlghway property to a polnt
of lntersectlon wlth a llne parallel wlth and dlstance of 485.00
feet from the north I1ne of said Lot 23; thence easterly and
parallel with the north line of said Lot 23, a dlstance of 311.16
feet to the west line of said "S" Street; thence northerly along
the west line of said "E" street to the point of beglnning.
~ceptlng therefrom the Easterly 8.75 feet thereof.
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~ceptlng therefrom the following described property, to-wit:
That portlon of Lot 23, Block 54 Ranoho San Bernardino as
per plat thereof recorded ln Book 7 of Maps, Page 2, records of
the County Recorder of San Bernardino County, State ot Callfornla.
described as tallows:
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Commenclng at the intersectlons ot the North 11ne of sald
Lot 23 wlth the WeSt llne of "Ell Street, 82.50 teet wlde as con-
veyed by deed from the Clty of Rlverside to the County of San
Bernardino as per deed recorded May 23, 1924 ln Book 845, Page
268, of Deeds records of sald County; thence Westerly along the
North line of said Lot 23 to the intersect10n ot a line that 1s
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parallel wlth and $0.00 feet West of, measured at rlght angles
from the center 11ne of .ald "E" Street; thence South along lald
parallel 11ne a dlstance of 125.00 feet to the true polnt of
beglnnlng; thence West and parallel wlth the North 11ne of sald
Lot 23 a dlstaDce of 116.2$ feet; thence South and parallel wlth
the center 11no of sald "E" Street a dlstance of 12$.00 feet;
thence East and parallel wlth the North 11ne of sald Lot 23, a
dlstance or 116.25 reet tc the lnterlectlon of sald parallel 11ne
that ls 50.00 feet West of, measured at rlght angles trom lald
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10 center 11ne of "E" Street; thence North along sald parallel 11ne
11 of 125.00 feet to the polnt of beglnnlng.
12 EXceptlng therefrom easementl, water 11n.., .ewer 11n..,
13 water rlght., easement. or enoumberance. whether or not of publlc
14 reoord.
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