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RESOLUTION NO. ,I'd 7t.:t.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH THE COUNTY OF SAN BERNARDINO RELATING TO
THE PROPERTY LOCATED AT 453 NORTH ARROWHEAD AVENUE WHICH IS
CURRENTLY USED BY THE CITY AS A POLICE FACILITY.
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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 the property located
9 at 453 North Arrowhead Avenue which is currently used by the City
10 as a Police Facility, a copy of which is attached hereto, marked
11 Exhibit "I" and incorporated herein by reference as fully as
12 though set 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.....7,; /?~/>?/..t: A. ,,~AA') meeting thereof, held
'/ ~
day of );7i/1>t/ ~/ , 1977, by the following
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on the t/71~
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vote, to wit:
AYES:
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Counc~lmen ?0d~,/,.L/'-; /:,;:J//!;",- / ././~
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NAYS:
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ABSTAIN V~///i"'he;,:.U~u~/1;".l. L/N1~"
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hereby approved thO
day
ABSENT:
7!ht&
The foregoing resolution is
lid
, 1977.
of
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Bernardino
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C~ty Attorriey
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1
LEASE
2
THIS LEASK is made and entered into this
day of
3 , 1977, by and between the CI'.I.'Y OF SAliI BBI.WAlU)INO,
4 a lIlunicipal corporation, hereinafter referred to as -Lessor-, &ll(1
5 the COO1!l'rY OF SAIiI BERNARDINO, a body corporate and politic of the
6 State of California, hereinafter referred to as -Leasee..
7 R Eel TAL s:
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1. Lessor own8 certain real proparty consi8tinq of
9 approxilllately 188,500 square feet at 453 North Arrowhead Avenue
10 in the City and County of San Bernardino, State of California,
11 more particularly desoribed as follows.
12 '1'bat portion of Lots 2, 3, and ., Block 31 and all of
Lots 5, 6, and 7, Block 31, City of San Bernardino,
13 as per plat thereof recorded in Book. 7 of Maps, paqe
1, records of said County, described as follows:
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BegiDninCJ at the point of intersection of the south
line of Fifth (5th) Street with the east line of
Arrowhead. Avenue, both 82.50 feet "ide; thence east
alOD9 said. south line of 5th Street to the northeast
corner of said Lot 7; thence south along the east
line of said Lots 7 and 2 to the southeast corner of
that certain parcel described in the deed OCtober 26,
1948 in Book 2311, Page 407, Official Records of
said County; thenoe west along a south line of said
above _ntioned paroel to the east line of said Lot
3; thence north alon9 the east line of said Lot 3,
a distance of 40 feet to a point 75 feet south of the
northeast corner of said Lot 3; thence west and
parallel with the north line of said Lots 3 and 4
to the ea8t line of said Arrowhead Avenue; thence
north along said _st line of ArrOWhead Avenue to
the point of beginning.
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24 A _p depicting said property is attached hereto, marked
25 bit HA. and incorporated herein by reference as fully as
26 hough set forth at length.
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2. The property is currentl~ improved property with
28 uild1ngs situated thereon, used by the City as a Police Facility.
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C'lhih/f '.Xu
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3. Le.... deaires to lease the property for the purpose
f conduot1nq its governmental functions thereon in the present
i141nq/s .ituated. upon the property or in new buildings,
or facilities to be constructed by Lessee at no co.t
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Leaaor, with the un4erstandinq tbat lAssee shall have the
ight to <ieJBolish the pre_nt structure/s upon said lotls and
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property when Lessee, in its sole discretion,
tannin.s it is desirable to so do in accordance with the pro-
isions of this lease.
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! 4. Lessor desires to lease the property in its present
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~ition with miniaal responsibility for its supervision and
j-intena.nee, and with the underst.AncUn9 that Lessee desires to
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~8JlIOlish any or all structures which 1lUll( presently be situated on
e lot/s and parcells of real property in the future when Lessee,
its sole discretion, determines that Such delllOlition is
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ecessary for the purpose of constructing new improvements for
overnmental purpo_s.
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For the r_sons above-stated and in consideration of the
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venants contained herein, the parties agree as followss
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1. Lea.ee of Property__:__~rm
Lessor hereby grants the property hereinabove described
n Recital No. 1 _ Lessor, and Lessee hereby hires and takes said
for a lease of fifty-'five (55) years' duration;
ovided, however, that this term shall automatically be extended
conform with any lonCjer period permitted under Government Code
tioa 37380 or other law should such law be so amended prior to
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27 he expiration of this term. The lease shall cOIIlIIIence on the
28 day of " 1977, and expire on the same
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1 te of the year 2032 at which time Lessae will surrender the
2 thereoD, including any and all
3 roY.~?Dts constructed by Lessee.
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2. Y1IlproVeme11t8 to be Construct.!~_ _<?J':_ yse of Property
5 Lessee intends to use the improvements presently con-
6 struoted upon the hereinabove described property for governmental
7 urposes, or Lessee may, and shall have the right to cause the
8 fomplete demolition of any or all of said present improvements.
9 3. Rent and Consideration
10 As and for rental and consideration of this lease, Lessee
11 to lease certain lots and parcels of real property situated
12 and County of San Bernardino, State of California,
13 ith Lessee as the Lessor, and Lessor heroin as the Lessee, for
14 public purposes upon the same terms, cODditions
d provisions as provided herein. Said lots and parcels of real
leased by Lessee hereunder to Lessor hereunder are
as follows:
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Parcel No.1 (Northeast corner Sierra Way and Sixth Street)
All that real property situated in the City and County
of San Bernardino, state of California, described as:
'l'hos. portions of Lots 1, 2 and 3, Block -4, RANCHO
SAN BERN&WDINO, as per plat recorded in Hook 7 of
Maps, page 2, recorda of said County, described as
follows:
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BEGINNING at the easterly line of Sierra Way, 82.50
feet wide, and the northerly line of Sixth Street,
41.25 feet wide,
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thence north alon9 the easterly line of said Sierra
Way 341.20 f_t,
thence north 89- 58' OO~ east a distance of 867.70
feet to a point on the east line of the west half of
said Lot 3,
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thence aouth 00. 12' OOW east along the e_t line
of said west balf of Lot 3 a distance of 341.20 feet
U) a point on the south line of said Lot J;
thence west along the south lines of said Lots 3, :2
and 1 a distance of 867.70 feet to the POINi' OF
BBGINlIIlJIG .
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BXCBP'l' ftQl~1IOM that portion of said Lot 1 conveyed
U) San Be:rnAJ:'dino, Arrowhead and Waterman Railroad
by 4ee4 :recorded July 7, 1891 in Book 137 of Deeds,
page 72.
ALSO EXCEPT TJU,;UFROM that portion of said Lot 3
conveyed to San Bernardino, Arrowhead and Waterman
Railroad by deed :recorded July 30, 1888, in Book 81
of Deeds, page 12.
Parcel No. 2 (Southeast corner Sierra Way and Sixth Street)
All that :real property situated in the City and County
of San Bernardino, State of California, described as I
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Lots 1 through 4, inclusive, of Fiftll Street place
SubdiVision, Tract No. 2030, aa per plat recorded in
Book 29 of Maps, Page 49, rec:ords of said County.
Parcel No. 3 (Southwest corner Lugo Avenue and Sixth Street)
All that :real property situated in thG City aDd County
of San Be:rnard1no, State of Cali forni4, described as I
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Lots 19 through 24, inclusive, of Pifth Street Place
Subdivision, '1':ract No. 2030 a8 per plat rec:orded in
Book 29 of Haps, Page 49, rec:ordlll of said COunty.
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A IIlAp depicting said property is attached hereto, marked
bit -B- and inc:orporated herein by reference as fully as
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ugh set forth at lenyth.
'!'he parties hereto understand and agree that this lease
into pursuant to that certain J..greement between the
a:rt1.s for the purpose of developinq a Civic Center Complex,
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said Agreement being dated the
1976.
day of
,
In the event Les_e hereunder fails to lease the aforesaid
escribed lot/s and parcells of real property to Lessor hereunder,
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1 the Sallie terJll8 and conditiona, this lease shall be null and
2 id and of no effect.
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4. pa:r-nt of Liabilities_ Cbari.ea}>.l:-!!'. to Prot'Orty
Les..e ahall pel' or cause to be paid all taxes and as..ss-
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5 IIl8.l1ts levied on the property. If Lessee neglects to meet any
6 such oblig-atlon. when due, Lessor may, wi thout prejudice to any
7 iqhts qranted Lessor by this lease or by law, pay such liabili-
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recover the amount paid from Lessee. Lessee shall not
9 permit the property or blprovements to become subject to
10 y liens or encurabrances without the prior written approval of
11 Leasor.
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5. Pa:r-at. of tlt.ilit!es
lA.... shall pay for all utilities furnished the premises
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for the ters of this lease, including electricity, gas, water and
elephone service.
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Ii. Maintenance of Propertx
lA.... .hall maintain the property in a clean and or<lerly
18 dition. It shall not undertake act. or permit conditions
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ikely to cr..te public or private nuisances under the laws of the
tate of California, and it shall comply with all federal, state,
local requirements witn respect to the property as if it were
owner thereof. Le.see shall surrender the property at the
23 lease wi tll all illlprovements, except those
24 to the terms of this lease, and inCluding
25 ho.. improvements constructed by Lessee, in ",cod condition,
26 _ar and tear and Acta of God excepted.
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7. Termination
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Failure of Lessee to perforlll any covenant or condition of
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this lease _y be treated by Lessor as a forfeiture, and Lessor
may teEainate tbis lease on any failure of Lessee to perform any
of the obligations established herein. On any such termination
for cause, Lessor may immediately take possession of the property
aDd all 1JIIprovementa, and Lessor shall, within a reasonable
time thereafter, corapensate Lessee as provided in Paragraph 8
herein, after deducting a reasonable amount in lieu of damaqes
occasioned by Lessee's breach.
S. COmpensation for Im.e..rovementu.._~~__~rminat1on
If, prior to H_______________________, this leasoil is
t.eEaiAa~ for any reason by Lessor, by condemnation, or throuqh
any other cause, Lessor shall pay Lessee the fair market value of
the improvu.nts to the property lIlAde by Lessee, as detendned
l.ly parties, or I in the event the parties cannot agree upon the
value, then the value shall be deternu.ned by the d8(:ision of
t:1u:_ (3) OOIIIpetent and experienced appraisers as to the then
fair market value of said building, one of whom will be selected
eacb of the partie. jointly, all of whom shall be members of
e American Institute of Real Estate Appraisers, and who shall
upon a purcbase price within thirty (30) days following
selection. Should any of the appraisers selected refuse
up.hle to render his appraisal within the time allotted
ther appraiser shall be selected to act in his place and shall
selected in the same IIl&nner AS the one refusing or unable to
The cost and expense of obtaining the appraisals shall Do
d equally ~ the parties. In the event of condemnation,
ssor shall be entitled to all proceeds of the award less
8see'. intere.t as detenrJ.ned in accordance with this para-
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1 graph.
2 Leasee covenants to ~:la1ntain comprehensive insurance on
3 the iaprovements in UIOunts at least equal to the fair market
4 value thereof for the term of this lease. LeSSOEl may satisfy
S this requirement pursuant to its self-insurance pro<;ram.
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9. InQ-if1caUon of Les80r
._~-
7 Lessee understands that Lessor has agreed to lease the
8 land and structure;a to free itself of the supervisorial duties
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landlord of the property. Accordingly, Lessee ahall hold
10 asor, its elective and appointive boards I COIlIJllissions, officers,
11 and employees harmless from any liability for damagEl or
12 for damage for personal injury, including death, as well
13 s frCllll claims for property damage which !lIllY arise from Lessee's
14 this lease, whether such operations are by
15 ssee or by anyone or more persons directly or indirectly
16 mployed by or aoting as agent for Les8ee. Less". agrees to iU1d
17 hall defend Lessor and its olective and appointive boards,
18 OIlIIIliasions, officers, agents and employees from any suits or
19 ctions at law or in equity for damages caused, or allg-ed to
20 ve been caused, by reason of iU1y of the aforesaid operations.
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10. Fixtures, BuildingS, Structures and Improvements
22 All fixtures, buildings, structures and improvements
23 stalled by the Lessee in the demised premises shall become the
24 roperty of Lessor upon the termination of this lease by expira-
2S ion of the term hereof or otherwise.
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11. Effect of Lessor's Waiver
27 Lessor's waiver of breach of one term, covenant, or
28 ndition of this lease is not a waiver of breach of others, nor
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1 f subsequent brea.oh of the one waived.
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12 . AmendJllent
3 This 1_" _y be amended or modified only by written
4 ~nt. siqned by both parties and failure on the part of
5 i ther party to enforce any provision of this lea.se shall not be
6 .trued as a _iver of the right to compel enforcement of suoh
7 provisions, nor act to release any surety from its
8 bligatlons under this lease.
9
13 . Notices
10 All notices herein required shall be in writing a.nc1
11 elivered in person or sent by oertified lllAi1, postage prepaia,
12 &iressed as follows:
13
City of San Bernardino
300 North -D- Street
San Bernardino, CA 92418
County of San Beraardino
157 west Fifth Street
San Bernardino, CA 92415
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14. Time of Essence
16 Time is of the essence of this lease.
17 IN WITNESS WHEREOF, Lessor and Lessee have executed this
18 ease on the date first hereinabove written.
19 CITY OF SAN BERNARDINO
TTES'I':
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By
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Hayor
to form:
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25
ity Attorney
COUNTY OF SAN BERNARDINO
26 'l"1'ES'1' :
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of
Cha1.iiiiAn; Board 01 Supervisors
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1 ~proved 4. t:o fOJ:lll:
2 ::o_ty Counsel
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4 :l8puty CO_ty counael
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