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RESOLUTION NO. /.:z 3 g ;L
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH CRISPO LAGUNA REGARDING THE USE OF
3 CERTAIN REAL PRO:E>ERTY IN THE CITY OF SAN BERNARDINO, CALIFORNIA
FOR PUBLIC PARKING PURPOSES.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said
City a lease with Crispo Laguna regarding the use of certain
real property in the City of San Bernardino, California for
public parking purposes, a copy of which is attached hereto,
marked Exhibit "A" and incorporated herein by reference as
fully as though set forth at length.
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino ~ ~~ ~~/:;~~~eeting thereof, held
on the /;{- day of _~, 1976, by the following
vote, to wit:
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AYES:
Co=ci'-men ~;;!:f'/~ ;d~~
c:;;:4~ .L d t1
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NAYS:
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ABSENT:
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The foregoing resolution is hereby approved this IhT~)
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day of
, 1976.
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C~ty 0 San Bernar ~no
J LED
APR 2:~ 1976
I.UCILLf GOf'ORJH.Ci\x ClerIi
_>,~/'A.
LEA S E
THIS LEASE is made and entered into this ~~ ~
day of
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BEAR;INO,
, 1976, by and between the CITY OF SAN
a municipal corporation, hereinafter called "Lessee",
and CRISPO LAGUNA, hereinafter called "Lesse'E",
WIT N E SSE T H:
WHEREAS, Lessor owns certain real property in the City
of San Bernardino; and
WHEREAS, Lessee desires to lease said real property for
public parking purposes,
NOW, THEREFORE, in consideration of the rental hereafter
rese~ved 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 Leasea. Lessor hereby leases and lets to
the Lessee, and the Lessee hires and leases from the Lessor
those certain premises located at 701-707 North Mt. Vernon
Avenue in the City of San Bernardino, County of San Bernardino,
State of California, more particularly described as follows:
The south 91.12 feet west 140 feet of
Lot 9, Block 18, RANCHO SAN BERNARDINO
Book 7 of Maps, Page 2, records of San
Bernardino County.
CITy EI'-'GINEER
DATI!
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2. Term. The term of this lease shall be for a period
of fifteen (15) years from the date of execution, provided,
however, this entire lease shall be terminable by the Lessor
upon the service of ninety (90) 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
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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
have the right to terminate this lease without further liability
upon the service of thirty (30) days advance written notice of
such termination by the Lessee to the Lessor or its assigns.
3. Annual Rental Payments. Lessee agrees to pay and
Lessor agrees to accept as rental for the said premises, during
the term aforesaid, a monthly rental of fifty dollars ($50.00)
plus all real property taxes, if any, assessed against said
property during the period of the lease.
4. Use. The demised premises shall be used for public
parking and fiesta purposes of the Lessee or the Mexican Chamber
of Commerce.
5. Improvements. It is mutually understood and agreed
that Lessee shall have the right to improve the said real
property by paving, installation of lights and underground
utilities and other ways as desired by Lessee. It is further
mutually understood and agreed that in the event of termination
of this lease by Lessor prior to the end of the fifteen (15)
year term hereof that the Lessor shall pay to Lessee the un-
amortized cost of the improvements Lessee has made to said real
property. It is agreed that the amortization period of all
Lessee's improvements hereunder shall be fifteen (15) years and
that the sum subject to amortization shall not exceed six
thousand dollars ($6,000.00).
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6. Partial Termination. It is understood that Lessor
may desire to construct a small building on part of the property
leased herein. Lessor shall have the right, upon written notice
to Lessee, to partially terminate this lease for said purpose.
Such right of partial termination shall be as requested by
Lessor but limited to the eastern forty (40) feet of the leased
property plus any area required by City ordinances for parking
spaces for the aforementioned building. In the event of such
a partial termination, Lessor shall pay to Lessee the unamortized
cost of the improvements of Lessee calculated on a pro-rata
basis according to the percentage of the square footage partially
terminated to the total square footage for the real property
described in Paragraph 1; provided, however, in the event of
partial termination as aforesaid, Lessor shall be liable for
the taxes assessed against any building constructed by Lessor
and the land area terminated to Lessor's use hereunder. Like-
wise, pursuant to a partial termination hereunder the monthly
rental of fifty dollars ($50.00) for the remaining period of
the lease shall be reduced on the same pro-rata basis in
accordance with said above percentage.
7. Assignments.
Neither Lessor or Lessee shall assign
this lease or any part thereof without obtaining the prior
written consent of the other party hereto.
8. Lease Applicable to Successors, Etc. This lease and
the terms, covenants and conditions hereof apply to and are
binding on the heirs, successors, executors, administrators and
assigns of the parties hereto.
9. Notices. All notices herein required shall be in
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WI:!.ting and deliveI:ed in peI:son OI: sent by ceI:ti:Ued mail,
postage pI:epaid, addI:essed as follows:
Lessee
LessoI:
City of San BeI:naI:dino
300 NOI:th "D" StI:eet
San BeI:naI:dino, CA 92418
CI:ispo Laguna
677 East Holly StI:eet
Rialto, CA 92376
10. Time of Essence. Time is of the essence heI:ein.
IN WITNESS WHEREOF, the paI:ties heI:eto have caused this
lease to be executed the day and yeaI: fiI:st above WI:itten.
""EST, ~... .
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C' Y er
--"By
CRISPO LAGUNA, LESSOR
C
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
ss.
On
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, 1976, befoI:e, the undeI:signed,
a NotaI:Y Public in and fOI: said State, peI:sonally appeaI:ed
CRISPO LAGUNA, known to me to be the peI:son whose name is
subscI:ibed to the within lease and acknowledged that he executed
the same.
WITNESS my hand and official seal.
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NotaI:Y Publ c ~n and fOI: aid
County and State
l..J1-"F1C1AL SEAL
DEBORAH J. TREi\DWELL
NOTAHY PL'SUC . CALIFORNiA
FRII"Ci:'A.L OFFICE !N
SAN [EI~rlARDINO COUNTY
My CommissIOn Exp"es Septernber 11, 1978
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