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It) 73 9
RESOLUTION NO.
2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CARETAKER'S AGREE-
3 MENT WITH S. C. "JACK" VAN WYCK COVERING THE USE OF FIFTY (50)
ACRES OF LAND LEASED FROM THE STATE OF CALIFORNIA, DEPARTMENT OF
4 GENERAL SERVICES FOR PARK AND RECREATIONAL (EQUESTRIAN) PURPOSES.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is here-
by authorized to execute on behalf of said City a Caretaker's
Agreement with S. C. "Jack" Van Wyck covering the use of fifty
(50) acres of land leased from the State of California, Depart-
ment of General Services for park and recreational (equestrian)
purposes, a copy of which agreement is attached hereto, marked
Exhibit "A" and incorporated herein 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 Bernar-
meeting thereof, held on the /7 Uc
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AYES: Councilmen
, 1971, by the following vote to wit:
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ABSENT: '7J //7'7./e_
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The foregoing resolution is
day
, 1971.
form:
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Attorney
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1 Section 2. Maintenance and Upkeep.
2
Caretaker agrees at his sole expense to maintain and keep
3 in satisfactory repair and condition the improvements and grounds
4 located on said property, normal wear and tear excepted.
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Section 3.
Use.
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6 Caretaker shall be permitted to use the said improvements
7 and grounds for boarding, keeping, exercising, and training equine
8 animals (horses) owned exclusively by Caretaker and members of his
9 immediate family or as may be approved from time to time by the
10 Director of Parks and Recreation of City. He shall not use the
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said real property for any profit or commercial purpose, or make
any charge to any person or group in connection with their use of
said property or services provided to them, except as may be
approved by said Director to partially reimburse Caretaker for
his expenses in performing pursuant to the provisions of this
agreement.
Section 4. Insurance.
(A) The City agrees to provide adequate insurance coverage
19 for the improvements situated on said real property.
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(B) The City agrees to provide adequate liability insurance
coverage for injury to persons and damage to property sustained
by persons upon said real property with the permission of City;
provided, however, Caretaker shall provide adequate liability
insurance coverage for himself and his licensees and invitees
using said property and shall hold City and its officers and em-
ployees harmless from any liability for damage or claims therefro .
Section 5. Termination.
This agreement shall terminate on June 3D, 1971.
Section 6. Lease Paramount.
The said lease between City and the State of California,
Department of General Services, shall be paramount and controllin
over the provisions of this agreement and Caretaker agrees that
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1 he shall acquire no right, title or interest in or to the leased
2 premises or any improvements or fixtures which are now on or here
3 . inafter may be erected or placed on said real property.
4' Section 7. Extensions.
5
In the event this agreement is extended for any period of
time by the parties hereto, such extensions shall be in writing
and shall include an implied right of either party to terminate
this agreement by giving a thirty (30) days wr:l.tten notice to the
other, and this agreement shall terminate forthwith thirty (30)
days following the date such written notice is given.
Section 8. Relationship of Parties.
The contractual relationship of Caretaker to City is that
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independent contractor.
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Section 9. Asstgnment.
Tais agreement shall not be assigned by Caretaker without
the written consent of City.
17 Section 10. Covenants.
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28 Ii Approved as to form:
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There are no covenants or warranties other than those ex-
pressed herein.
IN WITNESS WHEREOF. the parties hereto have executed this
agreement the day and year first above written.
ATTEST:
CITY OF SAN BERNARDINO
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Block 1, Map of West Highlands, in the City of San Bernardino, county of San Bernardino,
state of California, as per map recorded in book 5 page 77 of Maps, in the office of the
county recorder of said county, more particularly described as follows:
COMMENCE at the northwest corner of said block at the intersection'of the centerline
of Walnut Street (now vacated) with the centerline of Orange Avenue (now Arden Avenue)
as sho..m on said map; thence east along the centerline of said l'lalnut Street 1320 feet
more or less to its intersection with the most southerly portion of the east line of
said West Highlands; thence south along said east line 1650 feet more or less to its inter-
section \~i th the south line of Rancho ~juscupi abe, as per map recorded in book 7, page 23
of Maps, records of said county; thence west along the south line of said Rancho
Muscupiabe, 1320 feet more or less to its intersection ..lith the center line of said
Orange Avenue; thence north along said centerline 1650 feet more or less to the point
of beginning.
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