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1 RESOLUTION NO. /.;;.j~'9
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2 RESOLUTJ:ON OF THE CITY OF SAN BEllNARDJ:NO AUTHOlUZING THE
EXECUTION OF A LEASE WITH HOME OF NEIGHBORLY SERVICE RELATING TO
3 PRElUSES ON UNION STREET EAST OF MT. VEllNON AVENUE FOR RECREATION
PURPOSES.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CJ:TY
5 OF SAN BERHARDJ:NO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
7 authorized and directed to execute on behalf of said City a lease
8 with Home of Neighborly Service relating to premises on Union
9 Street east of Mt. Vernon Avenue for recreational purposes, a
10 copy of whi,ch is attached hereto, marked Exhibit nAn and
11 incorporated herein by reference as fully as though set forth at
12 length.
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the ~yor and COmmon Council of the City of San
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Bernardino at a
on the ~/)t! day of
meeting thereof, held
, 1977, by the following
17 vote, to wit:
18 AYES:
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NAYS:
ABSENT: '~1 ./
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&~'U~tY'~~
The/ioregoing resolution is hereby approved s ,A,;f!J.! day
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'I..;~~ , 1977.
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of
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LEASE
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(recreational purposes)
THIS LEASE is made and entered into this ..d daY' of
~ , 1977, bY' and between the HOME OF NEIGHBORLY
SERVI~ a non-profit corporation, hereinafter called "Lessor",
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and the CITY OF SAN BERNARDINO, a municipal corporation, herein-
after called "Lessee".
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WIT N E SSE T H:
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1. Description of 'remises. Lessor leases to Lessee, and
I Lessee hires from Lessor, as herein provided, the premises,
located generally east of the Day Care Center located on union
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Street, east of Mt. Vernon Avenue, in the City of San Bernardino,
and more particularly described as follows:
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All of Lot 17 and 18, and the east 4.85 feet of Lot
19, Tract No. 1811, as per plat thereof recorded in
Book 26 of Maps, page 4, records of the CountY'
Recorder of San Bernardino CountY', State of California.
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2. Use of Premises. The premises are leased to be used
18 exclusively as and for football, baseball, soccer and other
19 athletic endeavors. Lessee agrees to restrict its use to such
20 purposes, and not to use or permit the use of, the premises for
21 any other purpose without first obtaining the consent in writing
22 of Lessor. Lessee shall permit Lessor to use the leased premises
23 at any time the same are not in use for programs or activities
24 under the supervision or sponsorship of Lessee.
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25 3. Term. The term of this lease shall be for a period
26 beginning 9~.L/ --:LL:J , 1977, and ending at midnight April
27 30, 1978, dnless sooner terminated.
4. Lease Payments. Lessee agrees to pay Lessor, as and
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for said premises, the total sum of one dollar ($1.00).
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I expense, keep and maintain said premises and every part thereof,
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in good and sanitary order, condition and repair, to include but
Maintenance.
Lessee shall, at its sole cost and
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not limited to, mowinq, trimminq, W'aterinq, fertilizing, spraying
and whatever else the City's Department of Park and Recreation
shall deem necessary.
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Lessee shall also install a sprinkler system in said
premises at Lessee's sole cost and expense.
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6. Utilities. Lessee shall pay for all water service
11 supplied to the said premises. Lessor shall pay for all other
12 utilities furnished to the premises for the term of this lease.
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7. Termination. Either party may terminate the lease at
14 any time by the giving of sixty (60) days advance written notice
15 to the other party.
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8. Notices. All notices herein required shall be in
17 writing and delivered in person or sent by certified mail, postaqe
18 prepaid, addressed as follows:
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Home of Neighborly Service
839 Mt. Vernon Avenue
San Bernardino, eA
Ci ty of San BernardiBo
300 North "D" Street
San Bernardino, CA 92418
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9. Option for Renewal. The Lessee shall have the riqht to
22 extend this lease for an additional period of one year upon
23 written notice served upon the Lessor at least fifteen (15) days
24 prior to the expiration date of the lease.
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10. Indemnity. The Lessor aqrees to indemnify and hold
26 harmless the Lessee and its agents, officers and employees, from
27 and against all claims, damages, losses and expenses, including
28 reasonable attorneys' fees, in case it shall be necessary to file
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an action arising out of performance or nonperformance by Lessor
of the covenants, agreements, and conditions herein which are (1)
for bodily injury, illness, or death, or for property damage,
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including loss of use, and (2) caused in whole or in part by
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Lessor's negligent act or omission hereunder, or that of its
agents, officers and employees or that of anyone employed by them
or for whose acts Lessor may be liable.
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IN WITNESS WHEREOF, the parties hereto have executed this
lease on the date first hereinabove written.
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HOME OF NEIGHBORLY SERVICE
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B~f~
T' e ,Gk>.-e-z~~~ j} ~
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CITY OF SAN BERNARDINO
ATTEST:
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