HomeMy WebLinkAbout13059
,
."
1
2
3
4
S
Ii
7
8
9
10
11
12
13
14
15
I:.
I
/:'
{,.J
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 Donald Cannan and Earl Crane relating to parking 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
::r:::d::; :;:;ji:::::;~J:~~~, m::t:::
of San
thereof, held
following
16 vote, to wit:
17
18
19
20
21
22
23
24
25
26
27
28
AYES:
co~ilmen e,.J~/.d~~ U~~;/-'{ ~7f"::_....~
b"~./.-s 4./-"",
~--'-4V...~7:ZM...d J~
NAYS:
ABSSNT:
~The foregoing
of ;(l~/hKLttI .,
resolution
t7;~~"~~4jfr!'
is hereby approve is ~~ da
1977 .
form:
ILE 0
DEe 16 rm
LU~~t; c;l~H; City aerk
~1-"""~"-"
, t
,
b ~~'i?)r~"J
, ,1tJ1"i 't ." -'",
t :t.:l'/ A, 0}
. .;'-l..,:,;:.,f",J_.;.e,t'\__
[ JAN
'ptJ 9 1978.
SLIC Wo
tnginr>er' Ilks
- Iflg
o
l\:"':L
i"~
! :J,:;;;.,1'
:' "" .
...
I
.
1
LEA S E
-----
.
'"
THIS LEASE is made and entered into this 1st. day of Dp/!'f{ItJ... )'I?'7.
1977, by and between the CITY OF SAN BERNARDINO, a municipal 'corporat on,
hereinafter called "Lessee", and Donald Cannan and Earl Crane, hereinafter called
"Lessor" .
!i 1 I!! ~ ~ ~ ~ T H:
WHEREAS, Lessor owns certain real property in the City of San Bernardino,
WHEREAS, Lessee desires to lease said real property for parking purposes,
NOW, THEREFORE, in consideration of the rental hereafter reserved and
agreed to be paid to Lessor by Lessee,apd the mutual 'promises, obligations,
agreements and covenants hereinafter set forth, the parties agree as follows:
and
1. PROPERTY LEASED: Lessor bereby leases and lets to the Lessee, and
the Lessee hires and leases from the Lessor those certain premises located
at the Southeast corner of Doro~Street and Sierra Way in the City of San
Bernardino, County of San Bernardino, State of California, more particularly
described as follows:
Parcel No.1
Lot 16, Shay's Half Acres as per plat thereof recorded in Book 23
of Maps, page 48, records of the County Recorder of San Bernardino
County, State of California.
Parcel No.2
That portion of Lot 10, Block 8, Rancho San Bernardino, as per plat
thereof recorded in Book 7 of Maps, page 2, records of the County
Recorder of said County, described as follows:
Beginning at the Southwest corner of Parcel No. 1 hereinabove
described; thence South along the East line of Sierra Way, a dis-
tance of 200 feet; thence East to the Westerly line of the A.T. &
S.F. Railroad right-of-way; thence Northerly along said right-of-
way line to the Southeast corner of Parcel No. 1 hereinabove
described; thence West along the South line thereof to the 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,
\
" .
,
I
I
l
~
o
o
conditions and agreements and be entitled to collect all rents then and there-
after 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
have 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
Cetmination by either party to the other.
3. RENTAL PAYMENTS: Lessee agrees to pay and Lessor agrees to accept
as rental for the said premises, during the term aforesaid, a monthly rental
of $150.00.
4. USE: The demised premises shall be used for parking purposes.
5. IMPROVEMENTS: It is mutually understood and agreed that any improve-
ments 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
expence upon termination of this lease. No building structures shall be con-
structed upon the premises at any time during the term of this lease. If any
of the aforesaid improvements shall relain on the premises after sixty (60) days
after the termination 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 ,ppointive 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 claims for property damage which may
arise from Lessee's operations under this agreement, 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 any 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,
covenants and conditions hereof apply to and are binding on the heirs, success-
ors, executors, administrators and assigns of the parties hereto.
-2-
^
. .
o
o
.
,
. .
10. NOTICES: All notices hereunder to be given shall be sufficient if
in writing and directed to the recipient thereof at his 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: Donald Cannan & Earl Crane
2039 "0" Street
San Bernardino, CA 92405
LESSEE: City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
Attn: Real Property Section
Engineering Division
Public Works Department
11. TIME OF ESSENCE: Time is of the essence herein.
IN WITNESS WHEREOF, the parties hereto have caused this lease to be
executed the day and year first above written.
ATTEST:
B
~, "r
c~;~. ..
LESSOR
'e~ &r?<{. ~
/' ar ra e
i
-3-
'(Ef)/~~
4.(lf.
-,<, .';~,~i.."" ,".,;..:'~::.':"':r.'/\~~':1:~:: 'I'I/r
( )
.
,,-.,
,
-.
~
\
~
~
~
~
-c:...
~
:-\
l
I;
I
I
I
:
I
I
!
i
.'-- ..
-
I:
i
I
I'-
10
-
0
III I
1"=50 ' I
I
I
.0 I
oil
i
I
, i
i
I
c
I
I
.0
,g