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RESOLUTION NO. ~oZ 7~
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH THE COUNTY OF SAN BERNARDINO RELATING TO
PROPERTY LOCATED AT 456 NORTH MT. VIEW AVENUE WHICH IS CURRENTLY
USED BY THE CITY AS A FIRE STATION.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 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 lease
8 with the County of San Bernardino relating to property located at
9 456 North Mt. View Avenue which is currently used by the City as
10 a Fire Station, a copy of which is attached hereto, marked Exhibit
11 "I" and incorporated herein by reference as fully as though set
12 forth at length.
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the City of San
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Bernardino at a/h/ 0'<1if-';'dh /Uj'/f~O meeting thereof, held
on the ..f?Zl!.- day of {/:lJI.tjt/ v , 1977, by the following
vote, to wit: v
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AYES:
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Councilmen '-C:;~J..u/ /~/Av
---.-/ --? T / /
/Y7--LLy (7'Y.i/.Z".< I
NAYS: ct'~~j~.H1 )f:/..?Z;;;.n
ABSENT: 7,t tV ABSTAINL,///f~...~) ri./A";?-
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The foregoing resolution is hereby approved
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of 7;'z~/
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~:::; ;C;~k
~~ty Attorney ~~
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LEASE
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'1'ilJ:S LEASE is lllilde and entered into this
day of
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, 1977, by and between the CI~Y OF SA" aERNARDI~O,
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a municipal corporation, hereinafter referred to as "Lessor", and
the COUNTY OF SAN BEBNARDIi.O, !l body corporate and politic of the
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State of California, hereinafter referred to as "Lessee".
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i(ECITALS
1. Lessor owns certain real protx>rty consisting of
9 Ii approxiJoately 2:l ,500 square feot at 456 .~ortl. !1t. View Avenue
10 in the City and County of San Bernardino, State of California,
11 more particularly described as follows:
12 Parcel No. 1
13 The north 50 feet of the south lOv feet of Lot II,
Block 31 in the City of San Bernardino, as per plat
14 thereof recorded in Book 7 of Haps, paye 1, records
of the County ReCorder, San Bernardino County, State
15 of California.
16 Parcel No.2
17 The south 50 f_t of Lot II and the north 50 feet of
Lot 1, all in Block 31 in the City of San Bernardino
18 as per plat thereof recorded in Book 7 of Maps,
Page 1, records of said County.
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20 A h~p depicting said property is attached hereto, marked
21 Exhibit "A" and incorporated herein by reference as fully as
22 though set forth at length.
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2. The property is currently in~roved property with
24 buildings situated thereon, used by the City as a Fire Station.
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3. Lessee desires to lease the proFerty for the purpose
26 of oonducting its governmental functions thereon in the present
27 building/s situated upon the prQperty or in ..e",' buildings,
28 structures or faoilities to be constr~cte~.py Lessee at no cost
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Exhibit 'I'I
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to Lessor, with the understanding that Lessee shall have the
right to demolish the present structure/a upon said lotls and
parcells of r_l property when Lessee, in its sole discretion,
determines it is desirable to so do in accordance with the pro-
visions of this lease.
4. Lessor desires to lease the property in its present
condition with miniv.l responsibility for its supervision and
maintenance, and with the understanding that Lessee desires to
demolish any or all structures whiCh Ir.ay presently be situated on
the lot/s and parcells of real property ill the future when Lessee,
in its sole discretion, determines that such Ci.emolition is
necessary for the purpose of constructing new uaprovements for
governmental purposes.
For the reasons above--statcd ana in considtiratiorl of the
covenants contained herein, the parties agree as follows:
1. Lease of Propert~;~'e.~
Lessor hereby grants the property hereinabove described
in Recital No. 1 as Lessor, and Lessee herehy hires ana takes said
for a lease of fifty -fh-e (55) years I uuration;
that this term shall autor.~tically be extended
to conform with any longer period permitted under Government Cooe
ction 373iO or other law should such law ba so amended prior to
expiration of this term. The lease shall commence on the
day of , 1~77, ~lU expire on the same
of the year 2032 at which tir..e Lessee will surrender the
roperty with all improvements thereon, including any and all
rovements constructed by Lessee_
2. Improvements to be C~~!i~ructed or Us~ of Pro.R.ert~
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1 Lessee intends to use the iwprovcnents presently con-
2 structed upon the hereinabove desoribed property for governmental
3 purposes, or Lessee may, and shall have the right to cause t.lle
4 complete demolition of any or all of said present improvements.
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3. Rent and Consideration
6 As and for rental and consideration of this lease, Lessee
7 agrees to lease certain lots and parcels of real property situated
8 in the City and County of San Bernardino, State of California,
9 with Lessee as the Lessor, and Lessor herein as the Lessee, for
10 general municipal public purposes upon th,3 Salne terms, conditions
11 and provisions as provided herein. Said lots and parcels of real
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property to be leased by Lessee hereundor to Lessor herewlder are
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generally described as follows:
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Parcel No.1 (North..ast corner Si0rra Way and Sixth Street)
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All that real property sitl1ated in the city and County
of San Bernardino, State of California, ciescribed as:
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Those portions of Lots 1, ;2 and J, Block 4, RAtiCIiO
SAN BERNARDINO, as per plat recorded in Book 7 of
llaps, page 2, records of said County, d~scribed as
follows:
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BEGIliNING at the easterly line of Siorra Way, 82.50
feet wide, and the northerly line of Sixth Street,
41.25 feet wide;
thence north along the easterly line of said Sierra
Way 341.20 feet;
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thence north i9. Sil' 00" east a distancli of 8tl7.70
feet to a point on the east line of the west half of
said Lot 3;
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thence south 00. 12' 00' east along the aast line
of said west half of Lot 3 a distance of 341.20 feet
to a point on the south line of said Lot 3;
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thence west along the south lines of said Lots 3, 2
and 1 a distance of 867.70 feet to the POIN'J.' OF
DEGINliING.
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EXCBP'l' 'fDRBFBOM that portion of said Lot 1 conveyed
to San Dernard1no, Arrowhead and Waterman Railroad
by deed reoorded July 7, li91 in Book 137 of Deeds,
pave 72.
ALSO EXCEPT 'lBJUtEFROM that portion of 8ai(1 Lot 3
CODveyec1 to San Bernaraino, Arrowhead and lifaterllUlll
Railroad by deed recorded July 30, laSa, in Book 81
of Deeds, page 12.
Parcel No. 2 (Southeast corner Sierra Way and Sixth Str_t)
All that real property sitWlted in the City and County
of San Bernardino, State of California, described as:
Lots 1 through 4, inclusive, of Fifth Stroet Place
Subdivision, Tract No. 2030, as per plat recorded in
Book 29 of Maps, Page 49, records of said County.
Parcel No. 3 (Southwest corner Luge Avenue and Sixth Street)
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All that real property situated in the City and County
12 of San Bernardino, State of california. duscribed as:
13 Lota 19 through 24, inclusive, of Fifth Straet Place
Subcllvision, '!'ract No. 2030 .. per 'plat recorded in
14 Book 29 of Maps, Page 49, records of said County.
15 A IIlllp depicting s&ia property is att.ached hereto, marked
16 Exhibit "8" and incorporateCl herein by ret'crer.ce as fully' as
17 though .et forth at length.
18 The partie8 hereto understand and agree tbat this lease
19 i. entered into pursuant to that certain Agreement between the
20 part;i.s for the purpose of developing a Civic Center Complex,
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said Agreement being dated the
day of __________,
22 U76.
23 In the event Lessee hereunder fails to lease the aforesaid
24 scribe4 loti_ and parcells of real property to Lessor hereunder,
25 upon t.he 881118 tel1ll8 and conditions, this lea:!!ltl shall be null and
26 void and of no effect.
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4. paYJll8nt of L!!.I~!l!t.i:!lJ__~..har~eabl_e to Proi>.!~
Lessee ahall payor cause to be paiu all taxes and assess-
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1 nts levied on the property. If Lessee neglects to meet any
2 uch obligations when due, Lessor may, without prejudice to any
3 rights granted Lessor by this lease or by law, pay such liabili-
4 ties and recover the amount paid fron! Lessee. Lessee shall not
5 ::ause or permit the property or improvements to become SUbject to
6 or encumbrances without the prior written approval of
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8 5. Payment of utllit.i:..~ll.
9 Lessee ahall pay for all utilities furnished the premises
10 the term of this lease, including electricity, 9as, water and
11 lephone service.
12 6. Maintenance of ProP-O_r!-y
13 Leas_ shall _intain the property in a clean and orderly
14 ndition. It shall not undertake aots or permit conditions
15 ikely to create public or private nuisances under tt~ laws of the
16 tate of California, and it shall comply with all federal, state,
17 d local requirements with respect to thG property as if it were
18 he owner thereof. Lessee shall surrender the property at the
19 ermination of this lease with all improvements, except tilose
20 'emolisbed pursuant to the terms of this lealSe, and including
21 holle improvements constructed by Lessee, in good condition,
22 orlllAl wear and tear and Acts of God excepted.
23 7. Termination
24 Failure of Lessee to perform any covenant or condition of
25 his lease IIIllY be treated by Lessor as II forfeiture, and Lessor
26 y terminate this lease on any failure of Lessee to perform any
27 f the obligations established herein. on. any such termination
28 or cause, LeBsor may immediately take possession of the property
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1 all iJIIprovements, and Lessor shall, wi thin a reasonable
2 i_ ther_fter, "<:lMpell8ate Less_ as provided in Paragraph 8
3 rein, after deducting a reasonable anJOunt in lieu of damages
4 asioned by Lessee's breach.
5 lO. Coapen_tion for Illle~ve_nt:.!l...'?n. Termination
6 If, prior to _....__________., this lease is
7 terminated for _y reason by Lessor, by condemnation, or throllgh
8 other calise, Lessor shall pay Lessee the fair llUlrket value of
9 ilIIproveaents to the property made by Lesse"', as determined
10 or, in the event the parties cannot agree upon the
11 the value shall be determined by the decision of
12 ee (3) competent _d experienced appraisers as to the then
13 air market value of said building, one of whom will be selected
14 y each of the parties jointly, all of whom shall be members of
15 Institute of Real Estate Ap.t'raisers, and who shall
16 upon a purchase price within thirty (30) days following
17 selection. Should any of the appraisers selecteu refuse
18 unable to render his appraisal within the time allottea
19 other appraiser shall be selected to act in his place and shall
20 selected in the S~ manner as the one refusing or unable to
21 The coat and expense of obtaining the appraisals shall lJe
22 In the event of condemnation,
23 ssor shall be entitled to all proceeds of the award less
24 interest a8 determined in accordance with this para-
25 raph.
26 Lessee covenants to maintain comprehensive insurance on
27 improvements in amounts at least equal to the fair market
28 alue thereof for the term of this lease. Lessee may satisfy
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1 :~his requirement pursuant to its self-insurance program.
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3. Indemnification of__.~_..~
3 Lessee understands that Lessor has agre~ to lease the
4 land aDd struct.ure/s to free itself of the supervisorial duties
5 of a laDdlord of t.he property. Accordinqly, Lossee shall hold
6 Lessor, its elective aDd appointive boards, commissions, officers,
7 agents and Ulployees harmless from any liability for damage or
8 claillls for damage for personal injury, includin',i death. as well
9 as from claims for property da:mage which may arise from Lessee'.
10 operatioDs under this lease, whether such operations are by
11 Lessee or by anyone or more persons directly or indirectly
12 eaployed by or actiDg' as aqent for .Lessee. Lessee aqr_s to and
13 shall defend Lessor and its elective and apoointive boarda,
14 cnmmis.lons, officers, aqents and employees from any suits or
15 actiolls at law or in equity for daJlI&qes caused, or allged to
16 have been caused, by reason of any of the aforesaid operations.
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10. Fixtures, Builclil!~..L_~truct~_e_s. .~d IJaprove_nts
All fixtures, buildings, structures and improvements
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installed by the Lessee in the demised premises shall become the
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roperty of Lessor Ilpon the termination of this lease by expira-
tion of the term hereof or otherwise.
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11. Effect of Lessor's waiver
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Lessor's waiver of breach of one term, covenant, or
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condition of this lease is not a waiver of breach of ot.hera, nor
of subsequent breach of the one waived.
12. Amendment
This lease may be amended or modified only by written
agreements signed by .both parties and failure on t.he part of
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~ither party to enforce any provision of this lease ahall not be
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construed a. a waiver of the right to compel enforc_nt of such
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~rovi.ion or provi.ions, nor act to release any surety from its
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bligationa under 1:h1s lease.
i 13 . Notices
I All notice. herein required shall be in writinq and
t:lelivered in person or .ent by certified llIAil, postage prepaia,
cidr....cl a. follow. I
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City of San Bernarcl1no
300 North MOM Street
San Bernardino, CA 92418
14. Time of Essence
County of San Bernardino
157 West Fiftb Street
San Bernardino, CA 92415
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Time is of the essence of tbis lease.
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IN WITNESS WHEREOF, Lessor and Lessee have executed this
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on the date first hereinabove written.
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CITY 01' SAN BERNARDINO
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of
By ____,.'.' __
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Mayor
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to form:
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COUN~Y Oi' s.~ BERNARDINO
. c1iiriffia1i;'BOardor Supervisors
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to form:
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Y
puty Cowlty Coun..l
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