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11 RESOLUTION NO. 7i".t/6
2 A RESOLUTION OF THE MAYOR AND C<>>mON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A RENTAL AGREnmNT
3 BETWEEN SAID CITY AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO RElATING TO THE RENTING OF THE PREMISES AT THE SOUTH-
4 WEST CORNER OF COURT AND "D" STREETS FOR THE PURPOSE OF AN EM-
PLOYEE PARKING LOT.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OOSANBERNARDINO~F~LO~:
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SECTION 1. The Mayor of the City of San Bernardino is
8 hereby authorized and directed to execute on behalf of said City
9 a Rental Agreement between said City and the Redevelopment
101 Agency of the City of San Bernardino relating to the renting of
111 the premises at the southwest corner of Court and "D" Streets
121 for the purpose of an employee parking lot, a copy of which is
13 attached hereto, marked Exhibit "A" and referred to and made a
14 part hereof as fully as though set forth at length herein.
15 I HEREBY CERTIFY that the foregoing resolution was duly
16 adopted by the Mayor and Common Council of the City of San Bernar-
NOES:
17 dino at a
18 7.t day of
19 AYES:
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29
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meeting thereof, held on the
the following vote, to wit:
ABSENT:
fJL.J' e:t ~
ity er
The foreBing resolution is hereby approved this ~<~ day
of
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fJt; c:~
Mayor 0 the (; ty 0 an ardino
, 1969.
Approved as to form:
~
~~y orney
FI~ ;r:-O
\.,; t""",... l~
MAY 29 1808
JACK T. FELT N, City Clerk
~ .. .........:.....DEPIIlY
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Agreement No. 238A
THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO, CALIFORNIA
RENTAL AGREEMENT
BLOCK
2
PARCEL
1
ASSESSOR'S NO.
This Rental Agreement is made and entered into this day of
19____, by and between The Redevelopment Agency of the City
of San Bernardino, California (hereinafter called Landlord) and The Citv of
San Bernardino (hereinafter called Tenant).
It is agreed between the parties hereto as follows:
I. Landlord in consideration of the rental herein received and of the state-
hereby hires
1 , (here-
ment made by Tenant, hereby rents to the Tenant and the Tenant
and takes the premises in Central City
inafter called ,the "Project"), at Southwest
Project Area No.
Corner of Court &
"D" Streets
San Bernardino, California, subject to the terms and conditions hereinafter
set forth, on.a month to month tenancy, commencing on the first day of
19 _____, and at a monthly rental of thirty nine & nO/100
Dollars ($
39.00
) per month, payable monthly in advance on the first
day of each and every month.
II. In the event Tenant obtains possession from Landlord of said demised pre-
mises prior to the first day of , 19_____, then Tenant shall
pay rent in advance to Landlord on the date of possession at the rate here-
in specified, such earlier rent to be prorated on a thirty (30) day month
basis. Tenant s earlier commencement of possession shall be subject to all
the terms covenants, conditions and agreements of this agreement, and such
earlier possession shall not otherwise affect, alter or change the provisions
of this agreement.
III. This agreement shall be automatically renewed for successive terms of one
calendar month each, at a rental of$ 39.00 per month payable in ad-
vance on the first day of each calendar month, unless otherwise terminated
as herein provided. It is mutually agreed that the terms hereof, or any re-
newal or extension thereof, may be terminated at the option of either the
Landlord or the Tenant upon the giving of thirty days' ( 30 )
written notice to the other party, or upon such shorter notice as may be
mutually acceptable and agreeable to Landlord and the Tenant, and Tenant
agrees to vacate said premises on or before the date specified in said
Notice. In the event Tenant fails to vacate the premises on the date spe-
cified in the Notice, Tenant shall pay the sum of $ N/A per day, as
rental for each day he unlawfully occupies said premises after said date.
If this Agreement shall be terminated pursuant to any of the provisions of
this paragraph the unearned rent theretofore paid by the Tenant shall be
refunded, provided that the Tenant has fulfilled all his obligations under
this agreement or extension thereof . Earned rent for the portion of the last
month occupied, when the lease is terminated on other than the last day of
a calendar month, shall be prorated on a thirty (30) day month basis.
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IV. This Agreement is entered into upon the following express covenants
and condi tions:
(1) Tenant hereby waives the provisions of Section 1941 and 1942 of
the Civil Code of the State of California which read as follows:
1941, Obligation of Lessor. The Lessor of a building
intended for occupation of human beings must in the
absence of an agreement to the contrary, put it into
a condition 'fit for such occupation, and repair all
subsequent' dilapidations thereof, which render it
untenantable except such as are mentioned in Section
nineteen hundred and twenty nine.
1942, If within a reasonable time after notice to the
Lessor, of dilapidations which he ought to repair, he
neglects to do so, the Lessee may repair t~e same him-
self, where the cost of such repairs does not require
an expenditure greater than one month's rent of the
premises and deduct the expenses of such repairs from
the rent or the Lessee may vacate the premises, in
which case he shall be discharged from further payment
of rent or performance of other conditions.
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(2) The Landlord shall not be called upon to make any repairs or im-
provements whatever upon said premises, or any part thereof, but Tenant shall
at Tenant's own cost and expense, keep all of said premises in as good order,
condition and repair as reasonable use and wear thereof will permit. Tenant
shall make no alterations in said premises without the written consent of
the Landlord first had and obtained. Tenant will be allowed no credit by
Landlord for the cost of any repair work performed or ordered done by Tenant
to said premises.
(3) Tenant agrees to pay for any damage done to the premises by Tenant,
his family or occupants of the premises, invitees, visitors, or guests of
Tenant and for any other damage occurring to the premises except damage be-
yond Tenant's control.
(4) Tenant agrees not to assign this agreement, no sublet or transfer
possession of the premises nor to give accommodation to boarders or lodgers
nor to use or permit the use of the rented property for any other purpose
than as a ~"rkini lot
solely for the Tenant and ~
City Employees
The Tenant will not permit persons other than those specified herein to
occupy the premises without first securing the written permission of the
Landlord.
(5) Tenant agrees to keep the premises in a clean and sanitary con-
dition, to maintain the rented property including the care and upkeep of
lawns, shrubs, and trees, and to comply with all governmental laws and
ordinances.
(6) Tenant agrees to permit the Landlord or its representatives to
enter the premises during all reasonable hours to examine the same or to
make such repairs, additions or alterations as may be deemed necessary by
the Landlord.
(7) In the event of a misrepresentation of any material fact in any
statement submitted to the Landlord by the Tenant, hereunder, or any breach
of any condition or covenant hereunder by Tenant, the Landlord may terminate
this agreement by giving Tenant N/A ( ) days prior notice in
writing to vacate the premises and said Tenant agrees to vacate the premises
on or before the date set forth in said notice to vacate. In the event
Tenant fails to vacate the premises on said date, he shall be required to pay
the amount of rental specified in paragraph III hereof for each day he wrong-
fully occupies the premises after said date.
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(8) ~either the La~ord nor any of its representRt~s or
employees shall be lin~le for danay,e or loss fron theft or fro~ any other
cause whatsoever to the property of (1) the Tenant (7) any meMber of the
Tenant's fan'ily or occupants of the premises, or (3) any of the Tenant's
visitors invitees or guests.
(9) UpOD the breach of any covenant or condition herein contained
or upon the ter.nination of this agreement as herein provideG 2nd upon fivin~
of notice as required herein the Landlord's representative shall have the
right inmeniately to re-enter the pre~mises. anc remove all persons and
property therefrom.
(10) Any notice required to be given under the provisions of
Section 1161 or l1Hll of the Code of Civil Procedure of the i"tllte of Celif-
ornia and any notice &iven pursuant to paratraph III and para~raph (7) of
this agreement shall be given in the manner prescribed by Section 1162 of
the Code of Civil Procedure of the State of California. Any other notice
roay be eiven to the Tenant personally. or to any person then in or cpon the
premises, or affixed to the door of the premises, or sent throu~h the ~ails
to the premises occupied by the Tenant. ~tices to th~ Landlord ~ust be
in writin~ and delivered to tJ,,, Landlord. or any duly qualified and authorized
representative of the Landlord and receipt therefore o~tained.
(11) In case suit shall be brouf'ht ror an t'nla~1ful detainer of the
said premises, or for the recovery of any rent due under the provisions of
this agreement, or because of the breach of any other covenant or con~ition
herein contained on the part of the Te.nant to be h!pt or performed. the
Tenant B~recs to pay to the Landlord e reasonable attorney's fee ..hich shall
be fixed by the Court.
(12) The Tenant ep,rees. durinp the period of this rental agreement
~t to ciserimi~.te upon the basis of race, color, creed or national orip.in
lnthe use or occupancy of s8id property. The United States is a beneficiary
of this covenant and is entitled to enforce it by authority of the Civil
rights Act of 1%4.
(13) In the. event there exists any rental" agreel'lent or lease invclv..
.ing the property ~,hich is the subject of this 2.f'reenent between the Tena.nt
and any predecessor in interest to the Landlord it is agreed and understoo1
that such prior lease or rental agreement is cancelled.
(14) The waiver by Landlord of any breach of any term, covenant or
condition herein contained shall not be deeffiec to be a waiver of such term
covenant or condition or any subsequent breach of the same or any other term,
covenant or condition herein contained. The suhsequent acceptance of rent
hereunder by Landlord shall not be ceemed to be a waiver of any preccdinf'
breach hy Tenant of any te~" covenant or condition of this agreement other
than the failure of Tenant to pay the particular rentel SQ ".ccepted. regard-.
less of Landlords knowledge of such preceding breach at the time of
acceptance of such rent.
(15) Tenant shall pay for all water supplied to the said premises,
including any sewer charaes, and Tenant shall pay for all gas. light, power.
telephone service disposal service, and all other services supplied to the
said premises. Nothinp herein contained shall be construed as requirine the
Landlord to supply to Tenant, or said premises, any of the above-mentioned
services and utilities except those services and utilities listed on
Bupplefl~nt to this rentel eereement.
(16) All fixtures upon the ~eMised premises DOW belon~in~ to the
Landlord. end any sue all fixtures hereafter attached to said preMises not
otherwise agreed in writil1.~ !ly Landlord to be t}:e pronerty of Tenent. shall
at all ti~es be the property of the Landlord. ane upon the terrr.ination of
this agreement shall not be removed by the Tenant.
(17) Tenant aerees to cerry fire and extended coverage insurance
on the leased pre~ises during the entire tern of this a~recment ~n the swr.
of $ J written by an insurance ce~pany Qualified to do
business in the State of California] to be written in the names of and for.
the benefit of Landlord and Tenant, as their respective interests May appear
Should the property at any tine during the tem of this agree.
ment be so injured by fire, casualty. or othen-dSB th"t it f.s rendered unfit
for occupancy, as detemined by the r.epartment of Building end Sl'fety, CIty
of San P-ernardino, California, then this aprecment shall immediately teroinate
and there shall be refunded to Tenant. on a nre-rete basis, any advance or
unearned rental tc.e.t at such ti1l'e may hllve heen paid.
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Tenant shall furnish Landlord contingent liability insurance in an
insurance company qualified to do business in .the. state of California,
in the sum of $________________ I $ in case of injury or
death to person or persons and in the sum of $
property damage for the same accident or occurrence. SUch insurance to be
procured at the time of delivery of possession of said premises to Tenant
and to be kept in full force and effect during the entire term of this.
agreement.
(18) The cost of premiums for all such policies of insurance as here
in ~equired shall be paid by the Tenant, said policies shall be in the joint
names of Tenant and Landlord and duplicated copies thereof shall be delivered
to the Landlord.
1n the event Tenant fails to procure such insurance and pay the pre-
miums thereon, L~ndlord shall have the right to procure such insuranoe and
pay the premiums thereon, whioh amounts will be deemed additional rent and
due and payable by Tenant to Landlord with the next installment of rent
due thereafter.
Tenant further agrees to hold Landlord free and harmless from any
and all claims and causes of action during the term of this agreement
on account of injury or damage to persons or property from fire, accident
or other causes in or upon or about said premises.
(19) All the terms and conditions appearing herein are specifically
made a part of this agreement. This agreement evidences the entire agree-
ment between the Landlord and the Tenant, and no modification thereof shall
be valid unless in writing and signed by the Landlord and the Tenant.
(20) If any portion of this agreement at any time or for any reason
is deemed unenforceable, this shall not be construed as cause for invalidat-
ing any or all other portions.
Executed at San Bernardino, California this
.s2.5 -:;r
day of
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Approved as to Legal
Form. and Adequacy
P. W. Quinn
Executive irector
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ruce D. Varner
Legal Counsel
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