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RESOLUTION NO. ),' 7//
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH THE COUNTY OF SAN BERNARDINO RELATING TO
3 THE PROPERTY LOCATED AT 401 NORTH ARROWHEAD AVENUE WHICH IS
CURRENTLY USED BY THE CITY AS A LIBRARY FACILITY.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
I SECTION 1. The Mayor of the City of San Bernardino is
lauthorized and directed to execute on behalf of said City a lease
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with the County of San Bernardino relating to the property
located at 401 North Arrowhead Avenue which is currently used by
the City as a Library Facility, a copy of which is attached hereto
marked Exhibit "I" 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
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Cl;~?.1 a 1~~M"~h
day of ii7;uf/
(/
, 1977, by the following
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/nyVL/':U.J
meeting thereof, held
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on the 90;
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vote, to wit:
counci.l. ~en <:fb-,?;1'~~ U~/~~~ ~-A':;,,-~
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The foregoing resolution is hereby approved this /~~ day
AYES:
NAYS:
ABSENT:
of
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y
ernard~no
, 1977.
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1
LEASE
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THIS LEASE is made and entered into this
day of
3 ' 1977, by and between the CI'.l.'r OF SAN BERNARDI1.O,
4 aanicipa1 corporat.ion, hereinafter referred t.o as "Lessor", and
5 Coml'1'Y OF SAN BERHARDlNO, a body corporate and politic of the
6 ~t.at.e of California, hereinaftor referred to as "Lessee".
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7 II ! ! ~ !. ! ~ !! ~;
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'I 1. Lessor owns certain real property consisting- of
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HaPproximately 67,500 llqUare feet at 401 North Arrowhead Avenue
[I the City and county of San Bernardino, State of California,
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re partioularly described as follows:
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All t.hat. portion of Lots 3 and ", Block. 31 of the
CI'lY OP SAIl BmUIAlilDlNO, in the city of San Bernardino,
u per plat: recorde4 in Book 7 of ~faps, paqe 1,
records of said COunt.y, described as follows:
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BEGINNING at. the southwest corner of _id Lot 41
15 t.bence DOrt.h along- t.he west. line of said Lot 4, 225
f_t: to a point 75 feet south of the northwest corner
16 of aaicl Lot. 4, thence east and parallel with the
DOrth l1ne of _14 Lots " and 3, to a point in the
17 east. li_ of said Lot 31 thence south along the
_st l111e of said Lot 3 to the southeast corner of
18 sald Lot: 1, thence west along the south line of
sald Lots 3 and 4, 298.40 feet, more or less, to the
19 polnt. of beginning.
20 A _p depicting said property is attached hereto, marked
21 blt. "A" and incorporated herein by reference as fully as
22 ugh set forth at length.
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2. The property is currently improved property with
situated thereon, used by the City as a Library Facility.
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3. Lessee desires to lease the property for the purpose
26 f conduot.1nq its qovernlllental functions thereon,in the present
27 ldinq/s situated upon the property or in now buildings,
28 to he constructed by Lessee At no cost
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El.hiIJ/f 'X"
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II W Lessor, with the understanding that Lessee shall have the
:i right W demolish the present structurels upon said lotls and
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!Iparcel/s of real property when x.eas_, in its sole discretion,
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l!deteraJ..nes it is desirable to so do in accordance with the pro-
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II visions of this lease.
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'condition with minimal responsibility fOr its supervision and
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4.
Lessor desires to lease the property in its present
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I'maintenance, and with the understandinq t.llAt Leasee <lesires to
Idemolish any or all structures which _y presently be situated on
the lotls and parcells of real property in the future when Lessee,
in its sole discretion, determines that such demolition is
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,necessary for the purpose of constructing new improvements for
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'goverD8*ntal purposes.
For the reasons above-stated and in consideration of the
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jvenants contained herein, the parties agree as follows:
I 1. Lease of Propertf :::.. Term
Lessor hereby granta the property hereinabove described
, n Recital No. 1 as Lessor, and Lessee hereby hires and takes said
roperty a. Lessee for a lease of fifty-five (55) years' duration;
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that this term shall automatically be extended
conform with any lODger period permitted under Government COde
ction 37380 or otller law should such law be so ;amended prior to
he expiration of this term. The lease shall commence on the
day of , 1977, and expire On the same
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of the year 2032 at which tillle Lessee will surrender the
roperty with all improvements thereon, including any and all
rovements constructed by Lessee.
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2.
IJIIprov_ts to be.son~~ted_().!_ Use of Property
Less_ inteDds to WIe the improvetllCnts presently con-
:structed upon tbe hereinabove described property for governmental
lpurpoaes, or Le...e may, and shall have the riqht to cause the
complete demolition of any or all of said present improvements.
3. Rent and COnsideration
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I As and for rental and consideration of this lease, Lessee
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laqr_s to lease certain lots and parcels of real property situated
in the City and County of San Bernardino, State of california,
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with Less.. as the Lessor, and Lessor herein as the Lessee, for
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q_ral municipal public purposes upon the same terms. conditions
and. provisions as provided herein. Said lots and parcels of real
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property to be leaaec1 by Lessee hereunder to Lessor hereunder are
qeneraIly described 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:
Tho.. port.iona of Lots 1, 2 and 3, Block 4, RANCHO
SAN BERNARDINO, as per plat recorded in Book 7 of
Maps, pave 2, records of said County, described as
follows :
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BEGZNJilING at the easterly line of Sierra Way, 82.50
feet wide, and the northerly line of Sixth Street,
41.25 feet wide;
thence north alonq the easterly line of said Sierra
Way 341.20 feet;
tbence north 69. 58' OO~ east a distance of 867.70
feet: to a point on the east line of the west half of
said Lot 31
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thence south 00. 12' 00 n east alonq the eaat 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,
thence west along the south lines of said Lots 3, 2
and 1 a distance of 867.70 feet to the POINT OF
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BEGINNING.
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EXCEP'l' 'rHEREFROM that portion of said Lot 1 conveyed
to San Bernardino, Arrowhead and Waterman Railroad
by deed recorded July 7, 1891 in Book 137 of Deeds,
page 72.
ALSO EXCEPT 'rHEREF~1 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 Ho. 2 (SOutheast corner Sierra way and Sixth Street)
All t:hat. real property sit._t.ed in the City and County
of San Bernardino, State of CaliforniA, described as:
Lots 1 through 4, inclusive, of Fifth St.reet Place
Subdivision, 'l'ract No. 2030, as per plat recorded in
Book 29 of ;'1aps, Page 49, records of said County.
Parcel No. 3 (Southwest corner Lugo Avenue and Sixth Street)
All that real property situated in the City and County
of San Bernardino, State of California, described as:
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Lots 19 throuqb 24, inclusive, of Fifth Street Place
Subdivision, 'l'ract No. 2030 as per plat reoorded in
Book 29 of Maps, Page "9, records of said County.
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A map depicting said property is attached hereto, marked
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Exhibit "a" and incorporated. herein by reference as fully as
thouqh set forth at length.
The parties hereto understand and aqree t:hat this lease
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is entered into pursuant to that certain Agreement between the
parties for the purpose of developing a Civic Center Complex,
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22 laaid Aqreement being dated the
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23 11976.
24 In the event Lessee hereunder fails to loase the aforeaaid
day of ._
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25 deecribed lot/s and parcells of real property to Lessor hereunder,
26 upon the s_ terms and conditions, this lease shall be null and
27 ,void and of no effect.
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4. Payment of L.i.ablli ties Cbar~eabl~ to Property
Lea.ee ahall payor cause to be paid all taxes and assess-
levied on the property. If Le.aee neglects to __t any
ch obligatioJls when due, Lessor may, without prejudice to any
iCJhta granted Lessor by this lease or by law, pay such liabili-
recover the amount paid frOlil Lessee. Lessee shall not
permit the property or improvements to become subject to
or eaClDBbrances without the prior written approval of
s&Or.
5. Payment of tltilit1e~
Leasee shall pay for all utilities furnisbed the premises
for the teJ:lll of this lease, including electricity, qu, water and
elepbo_ ..rvice.
6. Maintenanco of P~~rty
Lesse. ahall maintain the property in a olean and orderly
i tion. It shall not undertake acts or per;ni t conditions
Uely to oreate public or private nuisances under the laws of the
tate of California, and it shall oomply with all federal, state,
local require_ts with respect to the property as if it were
owner thereof. Lessee shall surrender the property at the
lease with all improvements, except those
li.hed pursuant to the terms of this lease, and including
sa improvements constructed by Lessee, in good condition,
wear and tear and Acts of God excepted.
7. Termination
Pailure of Lessee to perform any covenant or condition of
this lease _y be treated by Lessor as 11 forfeiture, and Lessor
y terminate this lease on any failure of Lessee to perform any
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1 f the obligations established herein. On any such terndnation
2 cauae, Lessor -y immediately take possession of the property
3 d all improvements, and Lessor shall, within a reasonable
4 time thereafter, compensate LeS8fl8 as provided in Paragraph 8
5 nerein, after deducting a reasonable amount in lieu of damages
6 sioned by Lessee's breach.
7 8. Compensation for Improv_t.s on '!'ermination
8 If, prior to ________, this lease is
9 nated for any reason by Lessor, by condelll1lation, or through
10 other cause, Lessor shall pay Lessee the fair market value of
11 improvements to the property lII4de by Lessee, as determined
12 y parti.s, or, in the event the parties oannot a9ree upon the
13 alue, then the vllllle shall be determined by the decision of
14 hree (3) competent and experienced appraisers as to the then
15 air market value of said building, one of whom will be selected
16 y each of the parties jointly, all of whom shall be members of
17 American Institute of Real Estate Appraisers, and who shall
18 upon a purchase price within thirty (30) days following
19 ir selection. Should any of the appraisers selected refuse
20 unable to render his appraisal within the time allotted
21 ther appraiser shall be selected to act in llis place and shall
22 selected in the same I!1lI.nner as the one refusing or unahle to
23 The cost and expense of obtaining the appraisals shall be
24 red equally by the parties. In the event of condellU1ation,
25 .&or shall be entitled to all proceeds of the award less
26 saee's interest as det.ermined in acoordance with this para-
27 raph.
28 Lessee covenants to maintain comprehensive insurance on
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1 I the illlprovement8 in amounts at least equal to the fair IlWlrket
2 I value thereof for the term of this lease. Lessee lIlAY satisfy
3 this requir_nt pursuant to its 8elf-insurance pro<1rUl.
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9. Indemnification of Lessor
5 Lea... understand8 that Lessor has agreed to lease the
6 land and structure/s to free itself of t.he supervisorial duties
7 of a landlord of the propert.y. Accordinqly t Lessee shall 110ld
8 Lessor t ita elective and appointive boerds, COlliIIIissions, officers,
9 aqe:nt.s and tlIIployees barIAless from any liability for dula<g8 or
10 cla111111 for dUIa<ge for personal injury, inclucUnq death, as well
11 a8 from olaims for propert.y damage which _y arise frOlll Les._ 's
12 operations under t.his leaae, whether such operations are by
13 Les..e or by anyone or IllOre persons directly or indirectly
14 employed by or acting- as aqent for Lessee. Lessee aqree. t.o and
15 shall defend Lessor and its elective and appoint.ive boards,
16 cnmm'ssions, officers, ayents and employees from any suits or
17 act.iona at law or in equity for damages caused, or allged to
18 have been caused, by reason of any of the aforesaid operations.
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10. Fixtures, Buildings, Structures and Improvements
20 All fixt.ures. building's, structures and improvements
21 stalled by the Lessee in the demised preLlise. ahall become the
22 Lessor upon the ter1liination of this lease by expira-
23 of the term hereof or otllerwise.
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11. Effect of Le8sor' s Waiver
25 Lesaor's waiver of breach of one term, covenant., or
26 4ition of this lease is not a waiver of breach of others, nor
27 f subaequent breach of the one waived.
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12. AaeDGaent
2 This le.s. _y be amended or modified only by wri~btn
3 aqreements signed by both parties and failure on the paxt of
4 .ither party to enforoe any provision of this leas. shall not. be
5 construed.s a waiver of the riqht. to compel enforcement. of such
6 proviaion or provisions, nor act to release any suet l' frOlll its
7 obligations under this lease.
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13. Notices
9 All notices herein required shall be in writinq an4
10 delivered in person or sent by certified mail, postage prepaid.
11 a4dressed as follows :
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Ci ty of San Bernardino
300 Nort.h wow Street
San Bernardino, CA 92418
County of San Bernardino
lS7 West Fifth Str_t
San Bernardino. CA 92415
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14. Time of Essence
15 '1'i.JIle is of the essence of this lease,
16 IlIi WITNESS WHEREOF, Lessor and Lessce have executed this
17 lease on the date first hereinabove written
18 CITY OF SAN BEIUlARDIitO
A'r'l'EST:
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By___'
Mayor
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City Clerk.
Approved .s to form:
City Attorney
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COUNTY Oli' SAl~ J:U;RNAR.OINO
25 ATTEST:
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Chairman . 'BOard of Supervisors
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Clerk of the Board of
supervisors
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I!APproved as to fonl:
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