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Home My WebLink About13060 .. 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 27 28 J!0 RESOLUTlON NO. /111/10 0 RESOLUTIOR OF THE CITY OF SANiRNARDINO AUTHORIZING ~HE EX1!:Cu'tION OF A LIIkSE WITH HANFORD FOU . kY COMPANY RELATING TO STORAGE ANb PARKING PURPOSES FOR THE PANSION OF THE CITY YARDS FACILITIES. BE IT RlSOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City a Lease with Hanford Foundry Company relating to storage and parking purposes for the expansion of the City Yards facilities, 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 <0t/ .or1Jtl'l< 'Uk 7.d,u meeting day of /j Ifl,JV/_~ ' 1977, by the following thereof, held on the /~L vote, to wit: AYES: Councilmen '~~L,ut,,> ~/~//~ ~Z:~.U#'--: h-i"'-j ~...dh.)4L~d / 1 ~ 'u .-u-" ~ '~ ~ '~.".J.;uA!'~fA~//' / NAYS: ABSENT: /' The foregoing of vI.JZ""h,'/),./J' ., resolution is r7fi: :"h~. i;l#.' C~ty er hereby appr d /<57i day 1977 . DEe 16 1977 .UCILI,E GOFORTH, City Clerk ...y'- LZll_c;;:t:::::;. ~C4... ....td?!Uh!:4......n ~ . LEASE ----- o . . . / t.' ~. c. . .. .' . o THIS LEASE is made and entered into this /.9C day of ..PPf".PAlb.....- 1977, by and between the CITY OF SAN BERNARDINO a municipal corporation, hereinafter called "Lessee", and HANFORD FOUNDRY COMPANY, hereinafter called "Lessor" . , WIT N E SSE T H: ---------- WHEREAS, Lessor owns certain real property in the City of San Bernardino, and WHEREAS, Lessee desirea to lease said real property for storage and parking purposes, NOW i THEREFORE, in consideration of the rental hereafter reserved and agreed to be paid to Lessor by Lessee and the mutual promises, obligations, agreements and convenants hereinafter set forth, the parties agree as fOllows: 1. PROPERTY LEASED: Lessor hereby leases and lets to the Lessee, and the Lessee hires and leases from the Lessor those certain premises located generally at the Southwest corner of Sierra Way and Rialto Avenue in the City of San Bernardino, County of San Bernardino, State of California, more particularly described as follows: Those portions of Blocks 4 and 5, J. W. Water's Subdivision as per plat thereof recorded in Book 7 of Maps, page 38, records of the County Recorder of San Bernardino County, State of California, and that portion of the abandoned right-of-way of the A.T. & S.F. Railroad as delineated on said map as C.C.R.R. lying between said Blocks 4 and 5, described as follows: COIl'.mencing at the Northeast corner of said Block 4; thence South along the East line thereof and being the West line of Sie=a tl"y, a distance of 206 feet to the True Point of Beginning; thence West, a distance of 41.50 feet; thence South, a distance of 88.50 feet; thence West, a distance of 84.00 feet; thence South a distance of 168 feet, more or less, to the Northerly line of the relocated A.T. & S.F. Railroad right-or-way; thence Southeasterly along said right-of-way line to the West line of said Sierra Way; thence North along said West line to the True Point of Beginning. 2. TERM: The term of this lease shall be for a period of six (6) months from the date of execution hereof. In the event of a sale of the demised premises by Lessor, then this lease shall remain in full force and effect for the term hereof and the subsequent new owner of the premises described herein, shall at all times be bound to perform all covenants, conditions and agreements and be entitled to collect all rents then and thereafter owing by the terms hereof to the Lessor herein. Lessee shall have the right to terminate this lease without further liability upon the service of thirty (30) days advance written notice of such termination by the Lessee to the Lessor or its assigns. Upon completion of the term of this lease, Lessee shall P4ve the right to continue occupation of the premises herein described on a month to month basis and at the same rent as described herein until terminated by either party hereto upon thirty (30) days advance written notice of such termina- tion by either party to the other. 3. RENTAL PAYMENTS: Lessor agrees to allow Lessee to lease the premises described herein during the term aforesaid at a charge equal to the cost necessary for the relocation of the machinery and/or equipment now located on the premises. In no event shall such cost exceed $2,000. " ~' -; o o 4. USE: The demised premises snaIl be used for storage and parking purposes. 5. IMPROVEMENTS: It is mutually understood and agreed that any improvements made to the premises for the purpose of furthering the benefit use of the Lessee shall remain the property of the Lessee and shall be removed at Lessee's expense upon termination of this lease. No building structures shall be constructed upon the premises at any time during the term of this lease. If any of the aforesaid improvements shall remain on the premises after sixty (60) days after the termina- tion of this lease, then Lessee forfeits any rights to said improvements and Lessor shall have the right to take possession of and appropriate said improvements, if any, without payment therefor. 6. OWNERSHIP: Lessee hereby acknowledges and accepts the title and paramount ownership and interest of Lessor to the said property and Lessee agrees not to claim, challenge or contest said title, ownership and entire interest of Lessor. 7. HOLD HARMLESS: Lessee hereby agrees to, and shall, hold Lessor, its elective and appointive boards, commissions, officers, agents and employees, if any, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from clail$ for property damage which may arise from Lessee's opera tions under this agre _::ent, whether such operations be by Lessee's operations under this agreement, whether such operations be by Lessee or by anyone or more persons directly or indirectly employed by or acting as agent for Lessee. Lessee agrees to and shall defend Lessor and its elective and appointive boards, commissions, officers, agents and employees, if any, from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of ~ny of the aforesaid operations. 8. ASSIGNMENTS: Neither Lessor or Lessee shall assign this lease or any part thereof without obtaining the prior written consent of the other party hereto. 9. LEASE APPLICABLE TO SUCCESSORS, ETC.: This lease and the terms, covec,.mts and conditions hereof apply to and are binding on the heirs, successors, executors, administrators and assigns of the parties hereto. 10. NOTICES: All notices hereunder to be given shall be sufficient if in writ- ing and directed to the recipient thereof at this last known address. Notices shall be deemed to have been given if either (1) personally delivered to the recipient, or (2) if addressed to the recipient and deposited in the United States mail, postage prepaid and addressed to recipient's last known address. The current addresses of the parties hereto are as follows: LESSOR: Hanford Foundry Company P.O. Box 192 119 So. Arrowhead Avenue San Bernardino, CA 92402 LESSEE: City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Attn: Real Property Section Engineering Division Public Works Department 11. TIME OF ESSENCE: Time is of the essence herein. " . o o ...~' , , IN WITNESS WHEREOF, the parties hereto have caused this lease to be executed the day and year first above written. ATTEST: B ~ 'J'~' ~cferk' ,/ Approved as to form: HANFORD FOUNDRY COMPANY, LESSOR ~~ General Manager . ",- ~ o ~;;"'..m. i oJ \ l1f /) [, ) fV6 ---'-.' .... -"'--'-";~::;''::''-';'::';"- - _.. _, ",.- 4 ,-.-,---"--' - .... ., .. . III ~ <; /(/4,L TO If\ --- .~ 'f olo't --- 41,25' 41.25' " I . .. '0 "! ell . <II O. I 0 I III I I 0 I - 84' I - ''''''50' I 0 I J I i 0 .~ I: .. j 0 r ell r " 0: .. ~ I r 0 :-9 .(11 ~ o. r I ., I 0 ~ ! r ~ o. r ~ 0' I /: 0 I 0 , I IU .~ " .' :, o N J I r I 1',," tA~ ~. ~"o o I r o I