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1 RESOLUTION NO. /23d
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH MICHAEL J. VOLPONE AND LORRAINE C.
3 VOLPONE, HUSBAND AND WIFE, AND DUANE R. YAVELAK AND SHIRLEY J.
YAVELAK, HUSBAND AND WIFE, DBA AMERICAN TRUCK AND TRAILER BODY
4 SHOP, RELATING TO THOSE CERTAIN PREMISES LOCATED WEST OF WATERMAN
AVENUE AT SIXTH STREET; AND REPEALING RESOLUTION NO. 12338.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
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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 lease with Michael J. Volpone and Lorraine C. Volpone, husband
10 and wife, and Duane R. Yavelak and Shirley J. Yavelak, husband
11 and wife, dba American Truck and Trailer Body Shop, relating to
12 those certain premises located west of Waterman Avenue at Sixth
13 Street, a copy of which is attached hereto, marked Exhibit "A"
14 and incorporated herein by reference as fully as though set
15 forth at length.
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SECTION 2. That the City Clerk of the City of San
Bernardino shall cause a certified copy of this resolution and
attached lease to be recorded in the of fie of the County Recorder
of the County of San Bernardino.
SECTION 3. That Resolution No. 12338 is hereby repealed.
I HEREBY CERTIFY that the foregoing resolution was duly
of the City of San
adopted by the Mayor and Common Council
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on the L~ day of 0?~~k/
Bernardino at a
meeting thereof, held
, 1976, by the following
vote, to wit:
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foregoing resolution is hereby approved this ~~
AYES:
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NAYS:
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ABSENT:
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ABSTAIN:
The
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day of
, 1976.
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FILED
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LU.CIL GOI'ORTH.C~ CIeri!
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LEA S E
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 MICHAEL
J. VOLPONE and LORRAINE C. VOLPONE, husband and wife, and DUANE
R. YAVELAK and SHIRLEYJ. YAVELAK, husband and wife, dba AMERICAN
TRUCK AND TRAILER BODY SHOP, 598 North Waterman Avenue, San
Bernardino, California, hereinafter called "Lessee".
WIT N E SSE T H:
WHEREAS, Lessor owns a certain narrow strip of real
property fronting on Waterman Avenue in the City of San
Bernardino and which property is adjoined on the south by land
owned by Lessee; and
WHEREAS, said Lessor's property is not now needed for
municipal use and is not contemplated for municipal use during
the term hereof; and
WHEREAS, .Lessee desires the use of said land for purposes
which are appurtenant to Lessee's business interests and
functions;
NOW, THEREFORE, in consideration of the rental hereafter
reserved and agreed to be paid to Lessor by Lessee and the
mutual promises, obligations, agreements and covenants herein-
after set forth the parties agree as follows:
1. Property Leased. Lessor hereby leases and lets to
the Lessee, and the Lessee hires and leases from the Lessor those
certain premises located West of Waterman Avenue at Sixth Street,
in the City of San Bernardino, County of San Bernardino, State
of California, more particularly described as follows:
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Those portions of Lots 5 and 6, Block 4, Rancho
San Bernardino as per plat thereof recorded in
Book 7 .of Maps, page 2, records of the County
Recorder of San Bernardino County, State of
California, described as follows:
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That portion of that certain strip of land, 25.00
feet wide as conveyed to the San Bernardino,
Arrowhead and Waterman Railroad Company, a corpora-
tion by Deed recorded September 30, 1889 in Book
104 of Deeds, page 170, records of the County
Recorder of said County lying between the west
line of Waterman Avenue, 82.50 feet wide, and the
northerly prolongation of the west line of the
land conveyed to Michael J. Volpone, et al.,
recorded November 1, 1974 in Book 8549, page 393,
Official Records of said County. .
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2. Term. The term of this lease shall be for a perio d
of five (5)
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, 1976, and
years, beginning
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, 1981, provided, however, this
ending
lease shall be terminable by the Lessor upon the service of
sixty (60) days advance written notice of such termination by
the Lessor to the Lessee. In the event of a sale of the demised
premises by Lessor, then this lease shall remain in full force
and effect for the term hereof and the subsequent new owner of
the premises described herein, shall at all times be bound to
perform all covenants, conditions and agreements and entitled to
collect all rents then and thereafter owing by the terms hereof
to the Lessor herein. Lessee shall also have the right to
terminate this lease upon the service of sixty (60) days
advance written notice of such termination by the Lessee to the
Lessor or its assigns. In the event Lessor terminates this
lease, then the Lessee shall be entitled to a pro-rata refund of
any unearned rental paid to Lessor. In the event Lessee ter-
minates this lease, then the Lessee shall forfeit the rent paid
for the entire calendar year in which such termination occurs as
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1 the mutually agreed minimum sum of liquidated damages to Lessor.
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3. Annual Rental Payments. Lessee agrees to pay and
I Lessor agrees to accept as rental for the said premises, during
I the term aforesaid, an annual rental of $300.00 for the term of
this lease. The said rental payments shall be paid in advance on
the first Monday of . .~~~ each year and on the first
Monday of. ~L1" of each year thereafter during the
term hereof and made payable to the Lessor at the address herein-
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after set forth.
4. Use. The demised premises shall be used for the pur-
11 pose of conducting the storage of trucks and trailers processed:
12 in Lessee's normal truck and trailer body shop business and for
13 no other purposes.
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5. Improvements. It is mutually understood and agreed
15 that Lessee shall erect a chain link fence along the east, north
16 and west property lines of the demised premises of any type
17 desired by Lessee so long as said chain link fence shall conform
18 to and be in accordance with the building, zoning, safety, and
19 other ordinances, resolutions or requirements of said Lessor, and
20 that said Lessee shall maintain said fences in good condition and
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repair at all times. It is also mutually understood and agreed
22 that Lessee shall not construct any structures or buildings,
23 either temporary or permanent at any time, upon said premises,
24 except for the said fences; that any such construction shall be
2S in violation of the terms of this lease and shall cause immediate
26 termination hereof. Lessee shall construct asphaltic concrete
27 paving within the boundaries of said premises in conformance with
28 the requirements of ordinances, resolutions and legal require-
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ments of Lessor. Said paving shall meet all standards of the
City of San Bernardino.
6. Improvement Removal. Should Lessor terminate this
lease according to the terms set forth herein prior to the
expiration of one (1) year from the date of this lease, then the
said Lessor shall relocate the said fencing to a place on the
Lessee's property at no cost to the Lessee, and in such event,
the Lessor shall reimburse said Lessee for the actual cost of the
asphalt concrete paving, if any, upon submission by the Lessee
to Lessor of verified statements from the construction Contractor
supporting the actual cost of such paving; provided, however,
Lessor's reimbursement for such costs shall not exceed $1,000.00.
Should Lessor terminate this lease according to its terms after
such first year hereunder, then the said Lessor shall relocate
the said fencing as aforesaid; however, the parties hereto agree
that Lessee shall amortize the actual cost of the asphalt paving
over the first three (3) years of the lease term on a straight
line basis and any reimbursement payment made by Lessor to
Lessee for an early termination of this lease shall be based
upon the unamortized portion of the cost as at the time of any
termination date within the first three (3) year period of the
lease term. It is the intention to provide hereby that said
paving shall become the property of Lessor without any reimburse-
ment therefor after three years from the date of this lease.
Should Lessee terminate this lease according to the terms set
forth herein, or upon the normal expiration of the term of this
lease, then the said Lessee shall remove the said fences and
Lessee shall bear the entire cost and expense of such removal.
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1 Any such removal by Lessee upon any such termination or upon the
2 expiration of the term of this lease, shall be accomplished with-
3 in fifteen (15) days from such termination or expiration date.
4 If such removal is not accomplished within said fifteen (15) days
5 then Lessee forfeits any rights to said fences and Lessor shall
6 have the right to take possession of and appropriate said fence
7 and paving, if any, without any payment therefor.
8 7. Maintenance. The Lessee is familiar with the leased
9 premises and has knowledge of the present conditions that exist
10 thereon. Lessee agrees to maintain the improvements and equip-
11 ment now or her.~after placed upon the site in good condition and
12 repair, and further agrees to keep the entire leased premises
13 free of any weeds which may create a public nuisance or fire
14 hazard in accordance with existing City weed abatement ordinances
15 Lessee further agrees to conduct its business upon said premises
16 in accordance with all ordinances, statutes, regulations and laws
17 8. No Waste, NUisance, Or unlawful Use. Lessee shall not
18 commit, or allow to be committed, any waste on the premises, or
19 nuisance, nor shall it use or allow the premises to be used for
20 an unlawful purpose.
21 9. Ownership. Lessee hereby acknowledges and accepts the
22 title and paramount ownership and interest of Lessor to the said
23 property and Lessee agrees not to claim, challenge or contest
24 said title, ownership and entire interest of Lessor.
25 10. Renewal and purchase Option. Lessee shall have the
26 option to negotiate with Lessor for the renewal of this lease
27 at the end of the term hereof. Should Lessee desire to negotiate
28 concerning the renewal of this lease, it shall notify lessor in
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writing of its intention to do so at least sixty (60) days prior
to such termination date and to make itself available for such
negotiations. Due to the Lessor's established procedures for
the sale of its real property, there shall be no purchase option
to run with this lease.
11. Payment of Utilities. Lessee shall pay for all
utilities furnished the premises for the term of this lease,
including electricity, gas, water, rubbish removal and telephone
service.
12. Tax. Lessee covenants during the term of this lease
to pay, when due, all taxes and assessments that may be assessed
or imposed upon the Lessee's improvements and personal property
that is located on the demised premises. Lessee agrees to pay
all taxes assessed upon the property by reason of Lessee's
occupancy of the premises hereunder.
13. Inspections. Lessor, its agents, officers or employees
may enter upon the premises at such reasonable times as it deems
necessary for the purpose of inspection of the premises to
determine whether the terms and conditions of this lease are
being performed and kept by Lessee.
14. Defaults. In the event Lessee shall be in default
in the payment of rentals or other charges hereunder or shall
otherwise breach its covenants or obligations hereunder, and
shall be and remain in default for a period of thirty (30) days
after notice from Lessor to it of such default, Lessor shall
have the right and privilege of terminating this lease and
declaring the same at an end, and of entering upon and taking
possession of said premises, and shall have the remedies now or
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1 hereafte.r:'provided by law for recovery of rent, repossession of
2 the premises and damages occasioned by such default. If such
3 default should occur, then Lessee forfeits the right of any
4 relocation of fences by Lessor as set forth herein and Lessor
5 shall have the right to take possession of and appropriate to
6 itself without payment therefor, any property of Lessee or any-
7 one claiming under him, then remaining on said premises.
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15. Lease Breached by Lessee's Receivership, Assignment
9 for Benefit of Creditors, Insolvency, or Bankruptcy. Appointment
10 of a receiver to take possession of Lessee's assets, Lessee's
11 . general assignment for benefit of creditors, or Lessee's
12 insolvency or taking or suffering action under the Bankruptcy Act
13 is a breach of this lease and shall terminate same.
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16. Effect of Lessor's Waiver. Lessor's waiver of breach
Ij of one term, covenant, or condition of this lease is not a waiver
16 of breach of others, nor of subsequent breach of the one waived.
17 Lessor's acceptance of rent installments after breach is not a
18 waiver of the breach, except of breach of the covenant to pay
19 the rent installment or installments accepted.
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17. Surrender Upon Termination. Upon revocation, surrende
or other termination of this lease, Lessee shall quietly and
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peaceably surrender the said property occupied by this lease
in as good condition as same was at the time of Lessee's entry
thereof, subject to the conditions hereinabove set forth.
18. Lessee to Hold Harmless. Lessee hereby agrees to, and
shall, hold Lessor, its elective and appointive boards, com-
missions, officers, agents and employees harmless from any
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including death, as well as from claims for property damage which
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may arise from Lessee's operations under this agreement, whether
such operations be by Lessee or by anyone or more persons
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directly or indirectly employed by or acting as agent for Lessee.
Lessee agrees to and shall defend City and its elective and
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appointive boards, commissions, officers, agents and employees
from any suits or actions at law or in equity for damages caused,
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or alleged to have been caused, by reason of any of the aforesaid
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operations.
19. Lessee to Carry Liability Insurance. Lessee agrees
to procure and maintain in force during the term of this lease
and any extension thereof, at its expense, public liability
insurance in companies and through brokers approved by Lessor,
adequate to protect against liability for damage claims through
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public use of or arising out of accidents occurring in or around
the leased premises, in a minimum amount of $
for
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each person injured, $
for anyone accident, and
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$
for property damage. Such insurance policies
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shall provide coverage for Lessor's contingent liability on such
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claims or losses. The policies shall be delivered to Lessor for
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keeping. Lessee agrees to obtain a written obligation from the
insurers to notify Lessor in writing at least
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prior to cancellation or refusal to renew any such policies.
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Lessee agrees that, if such insurance policies are not kept in
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force during the entire term of this lease and any extension
thereof, Lessor may procure the necessary insurance, pay the
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premium therefor, and that such premium shall be repaid to
Lessor as an additional rent installment for the month following
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I the date on which such premiums are paid.
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II 20. Assignments. Lessee shall not assign this lease or
sublet the said premises or any part thereof without obtaining
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the prior written consent of the Lessor.
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21. Lease AppliCable to Successors, Etc. This lease and
the terms, covenants, and conditions hereof apply to and are
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binding on the heirs, successors, executors, administrators, and
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assigns of the parties hereto.
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22. Joint and Several Liability. The liability of the
lessees hereunder shall be joint and several.
23. Notices. All notices herein required shall be in
wri ting and delivered in person or sent by certified mail,
postage prepaid, addressed as follows:
Lessor
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City of San Bernardino
300 North "D" Street
San Bernardino, California 92418
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Attention: Real Property Section
Engineering Division
PUblic Works Department
Lessee
American Truck and Trailer Body Shop
598 North Waterman Avenue
San Bernardino, California 92410
24. Recordation. Lessor may have this lease recorded in
the office of the County Recorder, San Bernardino County, State
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of California together with the appropriate resolution of the
Governing Body of said Lessor.
25. Time of Essence. Time is of the essence herein
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IN WITNESS WHEREOF, the parties hereto have caused this
lease to be executed the day and year first above written.
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ATTEST:
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. City Clerk .
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APP~?d as to f~.rm:
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b ty orney .
LES. SEE '. f /;;
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.,,,/ M~chae J. Vi pone
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orra~ne C. Vol ne
QC"J'P ~~
DU~.!;. Yavel k
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' S/h ~y . Yavelak
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