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RESOLUTION NO. /:;<cf.>;:6
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH SAN BERNARDINO MASONIC BUILDING
3 ASSOCIATION PROVIDING FOR THE LEASE OF A CERTAIN LOT AND PARCEL
OF REAL PROPERTY FOR USE AS A PARKING LOT.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO 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
8 lease with San Bernardino Masonic Building Association providing
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9 for the lease of a certain lot and parcel of real property for
10 use as a parking lot, a copy of which is attached hereto,
11 marked Exhibit "A" and incorporated herein by reference as fully
12 as though set forth at length.
13 I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by
of the City of San
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Bernardino at a
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on the p-
meeting thereof, held
, 1977, by the
17 following vote,
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AYES:
Councilmen
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NAYS:
ABSENT:
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C~ty Cle:rk
hereby appro~'d this ~j)
The
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LEASE
(off-street parking)
THIS LEASE is made and entered into this ~f~ day of
J,.JJ l/
MASONIcr BUILDING
, 1977, by and between the SAN BERNARDINO
ASSOCIATION, a corporation, hereinafter called
"Lessor", and the CITY OF SAN BERNARDINO, a municipal corporation,
hereinafter called "Lessee".
WIT N E SSE T H:
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WHEREAS, Lessor desires to lease a certain lot and parcel
of real property to Lessee for use as a parking lot in order to
enable Lessee to provide off-street parking within the Central
City area; and
WHEREAS, Lessee desires to lease said property for said
purposes from Lessor,
NOW, THEREFORE, in consideration of the rental hereafter
reserved and agreed to be paid to Lessor by Lessee and the mutual
promises, obligations, agreements and covenants hereinafter set
forth and the faithful performance thereof, the parties mutually
agree as follows:
1. PROPERTY LEASED. Lessor leases and lets to the Lessee,
21 and the Lessee hires and leases from the Lessor, from the hours of
22 6:00 a.m. to 6:00 p.m. daily, those certain premises located on
23 the north side of 4th Street and west of Arrowhead Avenue, in the
24 City of San Bernardino, County of San Bernardino, State of
25 California, more particularly described as follows:
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Those portions of Lots 1 and 8, Block 30, City of
San Bernardino as per plat thereof recorded in
Book 7 of Maps, page 1, records of the County
Recorder of San Bernardino County, State of
California, described as follows:
EXHIBIT "A"
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Commencing at the southeast corner of said Lot
1; thence west along the north line of Fourth
Street, 82.50 feet wide, a distance of 163.25
feet to the True Point of Beginning; thence
north, a distance of 148 feet; thence east, a
distance of 59.25 feet to the northwest corner
of the property conveyed to San Bernardino
Masonic Building Association, a corporation,
by document recorded June 12, 1929 in Book
502, page 78, Official Records of said County,
thence north along the east line of the
property cdnveyed to San Bernardino Masonic
Building Association by document recorded August
31, 1944 in Book 1690, page 235, Official Records
of said County, to the north line of said Lot
8; thence west, a distance of 120.25 feet to
the northwest corner of the property conveyed
to San Bernardino Masonic Building Association,
Inc., a corporation, by document recorded October
16, 1944 in Book 1718, page 13, Official Records
of said County; thence south along the west
line of said last mentioned Masonic Building
Association property, to the north line of
said Fourth Street; thence east, a distance of
61 feet to the True Point of Beginning.
2. TERM. The term of this lease shall be for a period
of five (5) years, beginning '/"114 ~
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, 1977 and
ending
}by
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, 1982; provided, however, this
lease shall be terminable at the option of the Lessor or Lessee
on the day prior to the first day of the beginning of an assess-
ment period upon service of thirty (30) days written notice from
the terminating party to the other party.
2. RENTAL PAYMENTS. Lessee agrees to pay and Lessor
23 agrees to accept as rental for the said premises semi-annual
24 rentals payable in installments in advance as follows:
25 (a). $3,900.00 upon the commencement of the lease term
26 provided in paragraph 2 hereinabove.
27 (b) $3,900.00 six (6) months after the commencement of
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. . . . .
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the lease term. Said payment shall be for the second six (6)
months of the first year of the lease term.
(c) $4,050.00 on the first day of the second year of the
lease term hereunder.
(d) $4,050.00 payable on the first day of the sixth
month of the second year of the lease term.
(e) $4,200.00 payable on the first day of the third year
of the lease term hereunder.
(f) $4,200.00 payable on the first day of the sixth
month of the third year of the lease term.
(g) $4,350.00 payable on the first day of the fourth year
of the lease term hereunder.
(h) $4,350.00 payable on the first day of the sixth month
of the fourth year of the lease term.
(i) $4,500.00 payable on the first day of the fifth year
of the lease term hereunder.
(j) $4,500.00 payable on the first day of the sixth month
of the fifth year of the lease term.
Said semi-annual rental payments shall be paid to the
Lessor at the address hereinafter set forth or in such other
place or places as designated by the Lessor. In the event this
lease is terminated by either of the parties hereto pursuant to
the provisibns.of paragraph 2 hereof or otherwise, then the
aforesaid rentals shall be pro-rated for the portion of the
lease term up to and including the date of termination, and in
the event there are unearned rental payments held by Lessor,
Lessor shall refund to Lessee the unearned pro-rata portions
of rentals previously paid to Lessor immediately after the date
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this lease is terminated.
4. USE. The demised premises shall be used for the
operation of a parking lot.
5. MAINTENANCE AND OPERATION. The Lessee is familiar with
the leased premises and has knowledge of the present conditions
that exist thereon. Lessee shall, at its own expense, maintain
the leased premises and all improvements thereon in good order,
condition and repair. Lessee shall provide or cause to be pro-
vided all security services as required for the proper care and
use of the premises between the hours of 6:00 a.m. and 6:00 p.m.
daily. Lessor shall provide or cause to be provided all security
services as required for the proper care and use of the premises
between the hours of 6:00 p.m. and 6:00 a.m. daily.
6. OWNERSHIP. Lessee hereby acknowledges and accepts
the title and paramount ownership and interest of Lessor to the
said property and Lessee agrees not to claim, challenge or
contest said title, ownership and entire interest of Lessor.
7. RENEWAL OPTION. Lessee shall have the right of
option to renew this lease at the end of the term hereof. In
the event that Lessee shall desire to avail itself of the option
hereinabove provided, it shall notify Lessor in writing of its
intention to do so at least sixty (60) days prior to such option
date. The terms of said option shall be consistent with the
terms of this lease, however, the rental payment shall be
renegotiated.
8. UTILITIES. Lessee shall pay for all utilities used
between the hours of 6:00 a.m. and 6:00 p.m. daily which may accrue
against said leased property including the payment for electrical
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energy now provided for the existing lighting. Lessor shall pay
for all utilities used between the hours of 6:00 p.m. and 6:00 a.m.
daily which may accrue against said leased property including the
payment for electrical energy now provided for the existing
lighting.
9. TAXES. Lessor covenants during the term of this
lease to pay, when due, all taxes and assessments that may be
assessed or imposed upon the Lessor's property. The Lessee
agrees to provide Lessor with any and all credits due on the
property by virtue of parking spaces and/or area tax when
computing the Parking District Assessment Roll for the acquisition
of funds for the operation of the Parking District. The parking
credits hereinabove mentioned shall be computed based on the
availability of eighty-two (82) spaces. Although there exists on
the property one additional parking space, it shall be reserved
for the location of Lessor's refuse bin and shall not be considered
as an available parking space.
10. IMPROVEMENT REMOVAL AND REPLACEMENT. Should any of
the existing improvements located on the demised premises be
removed or destroyed by Lessee during the term of this lease,
Lessee agrees to rebuild, replace or restore any such improvements
to the state they were in prior to their removal or destruction
by Lessee.
It is expressly understood and agreed that the rentals
hereunder shall become due only in consideration of the right to
occupy and use the leased premises from year to year, and, except
as herein provided, it is the responsibility of Lessor to provide
such right at all times.
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1 In the event of destruction or damage to the leased
2 premises by fire or earthquake or other casualty or events so
3 that they become wholly or partly unusable, Lessor, at its option,
4 may do either of the following:
5 (1) Rebuild and repair the leased premises so that they
6 shall be restored to use, in which case this lease shall remain
7 in full force and effect, or
8 (2) Declare this lease to City terminated.
9. During such time as the leased premises are unusable,
10 rent shall cease. No further rental payments shall accrue until
11 such leased premises are again ready for occupancy and rental
12 payments already made, if any, shall be equitably abated and
13 adjusted accordingly. In the event of partial damage to, or
14 destruction of, the leased premises, so as to render a portion
15 thereof unusable by Lessee, such rental payments (including those
16 already made, if any) shall, during the period of the partial
17 unusability of the leased premises be in an amount that represents
18 the fair market rental value of the remainder of the leased
19 premises uSable by City.
20 11. EMINENT DOMAIN. If the whole of the leased premises
21 or so much thereof as to render the remainder unusable for the
22 purposes for which the same was constructed, shall be taken under
23 the power of eminent domain, then this lease shall terminate as
24 of the day possession shall be so taken. If less than the whole
25 of the leased premises shall be taken und~r the power of eminent
26 domain, and the remainder is usable for the Lessee's purposes,
27 then this lease shall continue in full force and effect and shall
28 not be terminated by virtue of such taking (and the parties waive
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1 the benefit of any law to the contrary), in which event there
2 shall be a partial pro-rata abatement of the rent hereunder.
3 12. SURRENDER UPON TERMINATION. Upon revocation, surrender
4 or other termination of this lease, Lessee shall quietly and
5 peaceably surrender the said property occupied by this lease in
6 as good condition as same was at the time of Lessee's entry
7 thereof, subject to the conditions hereinabove set forth,
8 reasonable wear and tear excepted.
9 13. HOLD HARMLESS. Lessee hereby agrees to, and shall,
10 hold Lessor harmless from any liability for damage or claims for
11 damage for personal injury, including death, as well as from
12 claims for property damage which may arise from Lessee's
13 operations under this agreement, whether such operations be by
14 Lessee or by anyone or more persons directly or indirectly
15 employed by or acting as agent for Lessee. Lessee agrees to
16 and shall defend Lessor from any suits or actions at law or in
17 equity for damages caused, or alleged to have been caused, by
18 reason of any of the aforesaid operations.
19 14. ASSIGNMENTS. Lessee shall not assign this lease or
20 sublet the said premises or any part thereof without obtaining
21 the prior written consent of the Lessor. Notwithstanding the
22 foregoing, Lessee shall have the right to assign this lease to
23 any public entity who has as one of its purposes the administra-
24 tion, management or control of public parking facilities.
25 15. VALIDITY. If anyone or more of the terms, provisions,
26 promises, covenants or conditions of this lease shall to any
27 extent be adjudged invalid, unenforceable, void or voidable for
28 any reason whatsoever by a court of competent jurisdiction, each
and all of the remaining terms, provisions, promises, covenants,
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1 and conditions of this lease shall not be affected thereby and
2 shall be valid and enforceable to the fullest. extent permitted by
3 law.
4 16. NOTICES. All notices herein required shall be in
5 writing and delivered in person or sent by certified mail,
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postage prepaid, addressed as follows:
LESSOR
San Bernardino Masonic Building Association
Post Office Box 174
San Bernardino, California 92402
LESSEE
City of San Bernardino
300 North "D" Street
San Bernardino, California 92418
Attention: C. Glenn Wilson, Director of Public Works/
City Engineer
IN WITNESS WHEREOF, the parties hereto have executed this
lease on the date first here.inabove written.
SAN BERNARDINO MASONIC BUILDING
ASSOCIATIO
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By ~. f11..a ..u/}A~ ~4/t k -
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ATTEST:
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