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RESOLUTION NO. /.:?.37~
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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 THE LEASING OF A FIRE STATION AND PREMISES LOCATED AT 3250
HARRISON STREET, SAN nERNARDINO, CALIFORNIA, FOR COUNTY USE.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said City
8 a lease with the County of San Bernardino relating to the leasing
9 of a fire station and premises located at 3250 Harrison Street,
10 San Bernardino, California, for County use, a copy of which
11 is attached hereto, marked Exhibit "A" and incorporated herein
12 by reference as fully as 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 of ~ / ,1976,mebyettinh.eg
on the /5!f.. day ~
following
thereof, held
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17 vote, to wit:
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Councilmen ~~~.//A-j r(~:~
~ );;1,//<0 ~
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c:o///1ify C r /
resolution is hereby approved /,7)P; day
AyES:
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NAYS:
ABSENT: .
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The foregoing
~~~ ,1976.
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LEASE
(fire station- 3250 Harrison Street)
THIS LEASE is made and entered into this
day of
, 1976, by and between the CITY OF SAN
BERNARDINO, a municipal corporation, hereinafter called
"Lessor", and the COUNTy.oF SAN BERNARDINO, a body politic,
hereinafter called "Lessee".
WIT NE SSE T H:
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WHEREAS, Lessor is the owner of that'lot and parcel of
real property with a structure thereon at 3250 Harrison Street,
San Bernardino, California, and said structure was formerly
used by Lessor as a fire station; and
WHEREAS, Lessor does not now need nor does it contemplate
the need or use of said bui1di~g and lot and "parcel of real
property duri~g the 1easeterrn hereof; and
WHEREAS, the use of said building and lot and parcel of
real property by Lessee hereunder shall be for public purposes,
NOW, THEREFORE, in consideration of the mutual covenants,
prornises.,~greements, conditions and 1~ga1 detriments herein
contained, Lessor and Lessee hereby ~gree as follows:
1. Description of Premises. Lessor leases to Lessee",
~d Lessee hires from Lessor, as.herein provided, the premises
located at 3250 Harrison Street, San Bernardino, California, and
described more particularly as follows:
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All of that portion of Lot 10, Block 6, Arrowhead
Junction Tract as per plat thereof recorded in
Book 12 of Maps, page 11, records of County
Recorder, County of San Bernardino, and more
particularly described as follows:
Commencing at the intersection of the center lines
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of Harrison Street and Marshall Boulevard (formerly
27th St.) as said streets are. shown on plat of
said Arrowhead Junction Tract; thence Northerly
along the center line of Harrison Street, 238.05
feet to a point; thence South 530 33' 15" West,
37.08 feet more or less to a point in the West
line of said Harrison Street, ~hichsaid point
is the true point of beginning; thence South
530 33' 15" west; l85.~1 feet; thence North 00
26' 45" west, 217.61 feet; thence North 390 12'
35"-East,235.06 feet, more or less to a point in
the West line of said Harrison Street; thence
Southerly along the West line of said Harrison
Street to the-point of beginning.
2.- Term. The term of this lease isa period of one _
year b~ginni~g March 1, 1976 and endi~gon February 28, 1977.
3. Rental. The total rent of this lease is the surn of
one dollar ($1.00) for the aforesaid lease term payable con-
currently with the execution of this lease.
4. Use of Premises. The premises are leased to be used
as and for the purpose of service facilities of Lessee as a
public entity, as may be required and in conformity with all
existi~g -codes, ordinances and other legal requirements. Lessee-
agrees to restrict its use to such purposes, and not to use or
permit the use of, the premises for any other purpose without
first obtaini~g the consent in writi~g of Lessor.
5. - No Waste, Nuisance, or Unlawful Use. Lessee shall
not commit, or allow to be committed, any waste on the premises,
or nuisance, nor shall it use or allow the premises to be used
for an unlawful purpose.
6. Payrnentof utilities. Lessee shall pay for all
utilities furnished the premises for the term of this lease,
including electricity,_gas, water, rubbish remova:\. and telephone
service.
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7. Holding Over to be Month-to-Month Tenancy at Renewed
Rental. Holding over by Lessee with or without consent of
Lessor after termination of this lease shall be treated as a
tenancy from month to month at a monthly rental, payable in
advance, of One dollar ($1.00) per month. This provision shall
not be construed as,giving Lessee any right so to hold over.
8. Repairs and Maintenance. Lessee will maintain the
premises and keep it in,good repair at ~ts own expense, except
for the exter~or walls and roof, which Lessor ~grees to maintain
in,good condition. Parts of the premises that Lessee'~grees to
maintain and keep in good repair include the windows and doors,
all equipment and accoutrements, includi~g the heati~g/air condi-
tioni~9 units,skyl~ghts, adjacent sidewalks, ,storefront, and
interior walls. Lessee expressly waives all r~ght to make repairs
at Lessor's expense under ~~e provisions of Section 1942 ,of the
Civil Code, and all r~ghts provided for by Section 1941,of the
Civil Code. Provided, however, that should repairs to the air con.
ditioni~g and heating equipment required;;hereby be of sufficient
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~gnitude to require the installation of replacement of the air
condition~g or heati~g uits and should such repairs be not caused
or contributed to by Lessee or its ~gents or invitees, then Lessor
shall bear such replacement costs with respect to said air con-
ditioni~g and/or heating equipment.
9. Delivery, Acceptance, and surrender of Premises.
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Lessor represents that the premises are in fit condition for use
as service facilities of Lessee as a public entity. Lessee
agrees to accept the premises on possession as in a good state
of repair and in sanitary condition. It agrees to surrender
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the premises at the end of the lease term, if the lease is not
renewed, to the Lessor in the same condition as when it took
possession, allowing for reasonable use and wear. Lessee ~grees t
remove all business s~gns or symbols placed on the premises by
it before redelivery, .and to restore to the Lessor the portion
of the premises on which they were placed in the same condition
as before their placement.
10. Duty to Maintain and Repair Premises. Lesse"e !l-grees,.
at its own expense, .to maintain the leased premises and appur-
tenancesthereto in. good repair, and in at least as. good con-
dition as that in which they were delivered, allowi~g for
ordinary wear and tear. Lessor ~grees to maintain and keep the'
exterior walls and roofs of the leased premises in good repair.
11. . Lessor's Entry for Inspection and Uaintenance. Lessor
reserves the r~ght to enter on the premises at reasonable times
to. inspect them, .to perform required maintenance and repair, or
to make additions or alterations to any part of the buildi~g in
which the premises leased are located, and Lessee agrees to
permit Lessor to do so. Lessor may, in connection with such
alterations, .additions, or repairs, erect scaffolding, fences,
and similar structures,. post relevant notices, and place move-
able equipment without any obligation to reduce Lessee's rent.
of the premises duri~g such period, and without incurri~g
liability to Lessee for disturbance of quiet enjoyment of the
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premises, or loss of occupation thereof.
12. Lessee's Assignment, Sublease, or License for
Occupation by Other Persons. Lessee agrees not to assign or
sublease the premises leased, any part thereof, or any right or
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privilege connected therewith, without first obtaini~g Lessor's
written consent, or to allow any other person, except Lessee's
~gents and employees, ,to occupy the premises or any part there-,
of, without first obtaining Lessor's written consent. One con-
sent by Lessor shall not be a consent to a subsequent ass~gnment,
sublease, or occupation by other persons. Lessee's unauthorized
ass~gnment,: ,sublease ,or license to occupy shall be void, and
, shall terminate the lease at Lessor's option. Lessee's interest
in this lease 'is not ass~gnable by operation of law, nor is any
ass~gnment of its interest herein, without Lessor's written
consent.:
13~ Fixtures. All fixtures installed by the Lessee 'in
the demised 'premises,' including but not limited to, refr~geration
machinery and the controls, piping, ,coils and conduits appurten-
ant thereto, air conditioning and air circulating machinery,
light~g fixtures,'food storage boxes, refr~gerators, ice boxes,
display cases', ,counters, shelves, racks and, general store
fixtures, shall be and remain the property of Lessee and may be
removed by ,it at any time during the term of this lease or at
the expiration thereof. Any such fixtures remaini~g in the
premises after the expiration of the term of this lease shall be
deemed abandoned by the Lessee and shall become the property of
Lessor. Any damage to the demised premises, caused by the removal
of such Lixtures, shall b~ repaired by Lessee.
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14. Lessor's Written Approval Required for Alterations
of Premises. Lessee shall not have the r~ght, except as herein
expressly provided, to make any alterations, improvements, or
additions to the leased premises without the prior written con-
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sent of Lessor.
15. Lessee to Carry Liability Insurance. Lessee ~grees
to procure and maintain in forceduri~g the term of this lease
and any extension thereof, at its expense, public liability in-
surancein companies and through brokers approved by Lessor,
adequate to protect against liability for dam~geclaims thro~gh
public use of or arisi~g out of accidents occurri~g in or
around the leased preniises, in a: minimum amount of one hUndred
thousand dollars ($100,000.00) for each person injured, three
hundred thousand dollars($300,.000~00) for anyone accident, and
twenty five thousand dollars ($25,000.00) for property d~ge.
Such insurance policies shall providecover~gefor Lessor's
contingent liability on such claims or losses. The policies shall
be delivered to Lessor for keepi~g. Lessee ~grees to obtain a
written obl~gation from the insurers to notify Lessor in writi~g
at least .twenty(20) days prior to cancellation or refusal to
renew .any such policies. Lessee ~grees that, if such insurance
policies are not kept in force duri~g the entire term of this
lease and any extension thereof, Lessor may procure the necessary
insurance, pay the premium t.f1erefor, and that such premium shall
be repaid to Lessor as an additional rent installment for the
month "follow~g the date on which such premiums are paid.
16. No Use That Increases Insurance Risk. Lessee ~grees
not to use "the premises in ~~y manner, even in its use for the
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purposes for which the premises are leased, that will increase
risks covered by insurance on the building where the premises
are located, so as to increase the rate of insurance on the
premises, or to cause cancellation of any insurance policy cover-
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i~g the building. Lessee further agrees net to. keep en the
'premises, o.r permit to. be kept, used, o.r seld thereen, anythi~g
pro.hibited by thepelicy ef fire insurance cevering the premises.
Lessee ~grees to. co.mply with all requirementso.f the insurers
applicable to. the premises necessary to. keep in farce the fire
and public liability insurance ceveri~g the premises and build-
i~g at ~tso.wn expense.
.17. . Lessee to' Ho.ld Harmless. Lessee hereby ~greeste,
and shall, hold Lesso.r, its elective and appeintiveboards,
co.mmissio.ns, pfficers, ~gentsand emplo.yees harmless .fro.m any
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liability far d~geo.r claims for d~ge fer personal injury,
includi~g death, ~s well as from claims far property dam~ge
which may arise 'from Lessee's o.perations under this ~greement,
whether such operations be by Lessee o.r by anyone or mare per-
sans directly o.r indirectly employed by or acti~g as ~gentfo.r
Lessee. Lessee ~grees to. and shall defend City and its elective
and appo.intiveboards,co.mmissions, officers, agents and
emplo.yeesfro.m any suits o.r actions at law o.r in equity far
damages caused, or a11~ged to. have been caused, by rea san o.f
any o.f theafo.resaid o.peratiens.
18. Effect o.f Lessor's Waiver. Lesser's waiver o.f breach
o.f one term, covenant, o.r conditio.n of this lease is nata waiver
o.f breach af others, par of subsequent breach o.f the one waived.
Lesso.r's acceptance of rent installments after breach is nata
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waiver of the, breach, except o.f breacho.f the co.venant to. pay the
rent installment o.r installments accepted.
19. Amendment. This lease may be amended o.r medified
o.n1y by written agreements signed by beth parties and failure an
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1 the part of either party to enforce any provision of this lease
2 shall not be construed as a waiver of the right to compel en-
3 forcement of such provision or provisions, nor act to release any
4 surety from its obligations under this lease.
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20. ' Notices. All notices herein required shall be in
6 writi~g and delivered in person or sent by certified mail,
7 post!'lge'prepaid,addressed as follows:
8 ' L~ssor
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City of San Bernardino
300 North ',liD" Street
San Bernardino, ~alifornia 92418
, Lessee '
County of San Bernardino
l57WestFifthStreet '
San Bernardino, California
21. ' Time of Essence. Time is of the essence herein.
16 sentence,' clause, phrase, or portion of this lease is invalid or
17 shall be held to be invalid, such invalidity shall not affect.
18 the validity of the balance or remainder.
22. . Severability. If any section, subsection, par~graph,
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23~ ' Lease Applicable to Successors, Etc; This lease and
20 the terms, ,covenants ,and conditions hereof apply to' and are
21 bindi~g on the heirs, successors, executors, administrators, and
22 ass~gns of the parties hereto.
23 IN WITNESS WHEREOF the parties have hereto executed this
24 lease on the: date first hereinabove written.
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ATTEST: ~ '
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_ ,... 4<::-r/1L~ rr a
ci.}il lerk I. /
CITY OF SAN BERNARDIOO-'-....
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,; ,y p /- Mayor ~~
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Approved as to form:
'~~f2
C~ty At orney
ATTEST:
Approved as to form:
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c~unty Counsel
COUNTY OF SAN BERNARDINO
By
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