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RESOLUTION NO. /.;<~~j1
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN ASSIGNMENT OF A LEASE FROM THE FOUNDATION OF
UNLIMITED OPPORTUNITIES TO THE MENTAL HEALTH ASSOCIATION OF SAN
BERNARDINO RELATING TO CERTAIN PROPERTY LOCATED AT 139 EAST
COURT STREET, SAN BERNARnINO, CALIFORNIA.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
authorized and directed to execute on behalf of said City an
assignment of a lease from the Foundation of Unlimited Oppor-
tunities to the Mental Health Association of San Bernardino
relating to certain property located at 139 East Court Street,
San Bernardino, California, 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
vote, to wit:
/~~
Councilmen ~ ~;;;j~ '-rf/~Ll"
~~~..A; ;~,L../A~ ~..I" /
~=L~J'~J?..?~ ,
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('~~fi.;/A,'
is hereby a~~;~~~;(~.R
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Bernardino at a
on the /9 ~ day
meeting thereof, held
of
, 1976, by the following
AYES:
NAYS:
ABSENT:
The foregoing resolution
day of , 1976.
CltYA~
~>-
i l r S lierOdino
APR 26 1970
LUCJj,LE GOFORtH. C~ C1erl1
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ASS I G N MEN T
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1. For value received, the undersigned, FOUNDATION OF
3 UNLIMITED OPPORTUNITIES, as "assignor", at City of San Bernardino,
4 County of San Bernardino, State of California, on this 11tt day
5 Of~' 1976, does hereby assign, transfer and set
6 over to the MENTAL HEALTH ASSOCIATION OF SAN BERNARDINO, as
7 '''assignee'', the balance of the term of that certain lease for the
8 lease as amended of certain property situated in Meadowbrook Park
9 and described as:
10 All those portions of Lots 7, 8, 9, 10 and 11 of
Block B, Wozencraft Place Subdivision as shown
11 on the plat thereof as recorded in the Recorder's
Office in Book 5 of maps at page 47, records of
12 San Bernardino County and that portion of an
alley vacated by action of the Mayor and Common
13 Council of the City of San Bernardino, Resolution
No. 2794, adopted June 26th, 1928, more particularly
14 described as follows, to-wit:
15 Beginning at the northwest corner of Lot 30, Black
B of said Subdivision; thence easterly along the
16 north line of Lots 30 and 29 to a point 23 feet east
of the northwest corner of said Lot 29; thence
17 northeasterly to a point on the east line of Lot
8, Block B of said SUbdivision, said point being 22
18 feet north of the southeast corner of said Lot' 8;
thence continuing northeasterly to a point on the
19 east line of Lot 11, Block B of said Subdivision,
said point being 22 feet south of the south line
20 of Court Street 60 feet wide; thence northerly along
the east line of said Lot 11 to the south line of
21 Court Street, 60 feet wide; thence westerly along
said south line to the northwest corner of Lot 1,
22 Block B of said Subdivision; thence southerly along
the west line of said Lot 7to the point of be-
23 ginning,
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Said lease is dated July 1, 1959 and the amendment dated
25 December 29, 1959, and copies of said lease and amendment are
26 attached hereto, marked Exhibit "A" and "B", respectively, and
27 incorporated herein by reference.
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2. The undersigned Mental Health Association of San
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1 Bernardino does hereby accept the assignment of said lease and
2 amendment thereto and agrees to be bound by all of the terms and
3 ,conditions thereof including the payment of all rentals due.
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4 3. It is hereby agreed that the assignor does hereby
Siguarantee the performance of the assignee, and said assignor agree!
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6 ito hold the City of San Bernardino free and harmless from any and
7 ;all losses hereunder.
8 4. The effective date of. said assignment shall be
9 4-, /Cf. , 1976.
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FOUNDATION OF UNLIMITED OPPORTUNITIEl
By ~4"'" "yvLf~~P6
Title t;,~/.J LA..rt PA
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MENTAL HEALTH ASSOCIATION OF SAN
BERNARDINO
BY~/) 2,A~iu/) Ak-
Tit~e~-\-j
19 Consent to the foregoing assignment is hereby given by the
20 City of San Bernardino, a municipal corporation.
21 CITY
ATTEST:
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Approved as to f~r::.a
~ff'A-~
ty ney
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ry T:!IS
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~1i~in3f.er
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d,lY of
.\Gn2Z:,~S::"~r l::~HJ.; 3!!d ':x'!cu't;er} th13
I 1(.1591 by ?nd ~Ol~t~'l-?en the CITY 0'":" S~\N J~:\:t.\F.[;InOt
call&cl FIRST ?A~~Y Dnd FUUNDATION OF UNL!lI7SD CPPOR-
7U~IT!E5, ~ Corp)rJtio~J Jlercl;!~ft~r ctlled SSCC~ID P.\RTY.
l'j' T ~ ~,1 ~ S s ~ _-1 _'.~.'.
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That for Jnd in cJnsideratio~ of tbe covenants and agree-
ments hereinafter ~ontAined the First Porty doqs h~r.cby naree to
the Second Party using the following described property situate
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in Ue~donhrook Park, S3n Bern3rdin~, Californin, and nore parti~
cul~rly described as follows, to-nit:
All of L0t 32 and th1t portion of Lots 29, 30 and
,Jl, Bloc!( tiS", :~ozencraft Place as pel." plat record-
ed in Book 5 of ~aps, p9ge 47, Records of the Gounty
Recorder, San Bernardino CountYt described as a
whole as follows;
Beginning at the Southwest corner of said Lot 32;
thence ~1sterly ~lonJ the Soath line of soid Lot
32, to the Southwest corner of said Lat 31; thence
Northeasterly to a point on tbe Nest line of said
Lot 30, G distance of 60 feet Northerly from ttie
Southwest corner of said Lot 30; thence Northeast-
erly to a pcint on the North line of said Lot 29,
a distance of 23 feet Easterly from the Northwest
corner of said Lot 29; thence Westerly along the
North line of said Lots 29, 30, 31 and 32, to the
Northwest corner of said Lot 32; thence Southerly
along the West line of said Lot 32, to the point
of beginning,
for a
years from and after the i~
day of
. 1959, for the consideration of the
sun Q;f
($1.00), receipt of which is hereby'~ckno"-
ledged, beina the r~ntal for said property for
ter;n may be ext'~ndcd for a perio! of. h-?c/
said term, Said
(/0)
years
upon the same ternfi or such t~rms IS are mutually agreed upon
between both p~rties.
And said First Party and Second Party do here~y covenant
and ~gree as follows;
1. That aaid Second Party will use such des~ribed pro-
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perty for t~e purpose of a sc~ool and training center, Dnd all
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'.'J p!' 0 V ~ m C:l t:; "n ;; 1 C '\ ,H 'J:J.\ r t y ::" a 11 "= ,00 n " t. r I. ~ t c,' d. t !,,-, '1 t I
e~pense t~ t~le Fir~t r1~tY4
2. T:l'.1t ;j,~:il~ ;:j;::z'Jnd ~':.:rti '.~'ill er~ct and nc:!ntain 2
S!lit~hlu fe~~e en th~ Enst 31d ~ort~ siies of 3311 ~roperty.
3.
..,..~ .. -'~ ~." t . A . 't ..
'flut S~~0 ~rconu ~2r.y SJrees anu Wl~L
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;"';":21ntaln ;!n
c~c~ate all f2cilitie3 0n tll~ property ~uring the terlJ of tlte
lease.
4. 7h3t s3id S:cond ~'~rty sh811 hold safe the City of
S::'!l 3ernurdino :ree and. hnrjnle~js for :n1Y li~)1)ilit;1 rvhich ~3Y
,)
nri3~ out of any accident C)! injury resulting fram the rlS~ of.
s,i~ property and inprov~ments and s~all fu~nlsb the First Party
eviience of jnsurJn~e coverinG SB~e~
5. Thtlt 3r1id Sec')nc! :'3:rty shall surrender the property
and improvements, ~nd tha whole thereof, to the First P3rty at
the expiration of this term or other termination of this agree-
ment and that all lmprcvements 2nd structures placed thereon by
s~ld Secund Farty shall become the property of the ~irst Pa~ty.
6. That SJid SecondP~rty 511311 not sub-lease. assign
o~ encumber in any mc:.ner th~ir Interest or any part thereof,
in snid property ~nd iMprove~ents without first obtaining 11rit-
ten consent of said first Farty.
IN NITNESS WHE1:CF, the City of Son Bernardino purSuant
to the resolution of its ~nyor 3nd Common Council, has caused
this agreement to be executed hy its :.layor and att~stedby the
City Clerk. ~nd that said President ~nd Sec~etary of the Founda-.
t!on of Unlimite1 Orrartunltles, 0 CorpDration, have cBused
th,~ir n'3!i1est.o bB ner:.!unto ;)IJ;)sl,?ribed the d1Y (l)1d :,re;)~ first.
c!:~r,'ie writt,"!n.
)':"'J'TES'f:
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AS
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Fan l.1:
.:, t "orney
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7~>'".'_~..~-=_.': ~:.? 1::"LI:.;ITE;) C?:'C:1_
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~:~2~J~!:N: TO AGnE:~E~T
,
T::I,S .'~(;~:2S:,!:!'r:, t!D:!r~ this ')'~ft/,I d3}
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.; f iI~ /' ,?,'" ,(/1';' 1959,
3 hy ~nd hetwe~1 t~e :I~Y Of S4~N CE~~:AnDI~:C, ~ ~runici;31 Corpo~-
4 ation, hereinafter c111ed th~ F::::~~ST Pi~!\':Y, :'In:i f0UND~\TIO:l OF
5 fJ~'J!....I;\1ITED OPPORT'R';:::SSt .1 ::!)rpor3t11~1, :l'2-rt~l::'L;'fte'!" c'JJ..l,~d t'1e
6 SSCO~D PARTY.
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WI!E~E~S, there is no~ in e::i~t~nce h~t~een the above
. .t.~. rQrt~'n .~~..ree~e~~ 1~t~d Julv l~t, 1950
name'..! pa~.:._s. 0: ..., u,~.. 4 _:'.~:l J ,'.
5
the ~se 1f ~crt3in pr0p~rt7 situ3te ~n ~:~3do~broo~ Park.
foe:
San
11 Ber;l3rc!inc. C21if'o-rrti:J.
12
';VLIr:~CAS. the pnrti ~5 d,~:Li.r:"? ~.O m3d'~ ~n ~li1~nd,n'ent to ~aid
13 ^Jreement~
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THZ1EFCQE, t~e p~rtie3 hereto Barce as follows:
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Th3t saId 19reement he an~ the
~ n""'"
..' "'..,...
is ~1reby amended
17 in the following ?3rtieulars only:
18 I, That for and in consideration of the covenants and
19 agre!Me~ts hereinaftor contained the First Party 10BS hereby
20 agree to the Second Party using the additional following
21 described property situate In Meadowbrook Park, San Bernardino,
22 California, and ocr! particularly descri~ed as follows,to-wit:
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All those jlortions of Lots 7,0,9,10, and 11 of
Block B,W~zencroft Place Subdivision IS shown
on the plat thereof as rec'Hcted in the Recorder's'
Office in Book 5 of maps at page 47, records
of San Bernardino Count.v and that vortion of an
alley vacated by action"of the May~r Dnd Common
Council of the City of San Bernardino, !esolutjon
No, 27')4, adopted June 26th, 1920, more pa1"tieulaY'ly
descrihed as follows, to-~it:
Beginning at th~. northwest corner .)f Lot 3D, Block
3 of said Subdivision; t~ence eastBrly along the
north line of Lots 30 and 29 to a point 23f88t east
of the n?rth~est corner of said Lot 29; thence .
northeasterly to a point on the east line of Lot
fl, Block B of said S~hdivision, said point being 22
feet north of the southeast corner of said Lot 8;
then~e continuing northeasterl; to a point on the
east line of Lot II, Block n of saId Subdivision,
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s3;d ~nint h0iI'~ 2~ f2et so!t~h of t!l~ s~ut~ lin~
. '~. - ~
~f C]~rt Str~et 6~ .f~~t ~7de; t~lence northerly along
th~ e~st lin9 of SQid ~ot :1 to ~~e ~Ollth line of
COJlrt Street. 60 feet li!rt1; the1~e ;1e~tcr~y ~IonJ
said zouth li,~ ~o the no~thwest corner c! Lot 7,
Block 3 o-r said ~l~h~:visit)n; th~n\':{~ 3o'_rt~e'tly ~10n~
tl~e west line of $8id Let 7 to the poi~t r)f he-
gin'1inJ*
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,."i;.t~f(;J.-:,) yeur~ fro I'! and after the /0):-
~ 196;, far t~c consideration of the som
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for ;) tet;.r 'Jf.( uJ..idt
, , -" 7
day 0 f ,'(-tl.J-r
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of One Dol18r (;1,00).
receipt of which is hereby acknowledged,
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being th~ rental for said property for sBid term, Sa~d term may
be extended for a pedod of ->I.....j'J-t-' (;c) years upon the same
terms or such terms 8S are mutually agreed upon between both
12 parties.
13 And laid First Party and Second Part! do hereby covenant
14 and agree as follows:
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1. That said Second Party will use such described pro-
perty for the purpose of a school and training center, a~d all
Inprovements on such property shall be constructed without
18 expense to the First Party.
19
')
w,
That said Second Party will erect and maintain a
20 suitable fence on the East Bnd North sides of said property,
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3. That said Second Party agrees and will maintain and
22 operate all facilities on the ~roperty during the term of the
23 lease,
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4, That said Second Party shall hold safe the'City of
25 San Bernardino free and harmless for any liability which may
26 arise out of any accident or injury resolting from the use of
27 said property and improvements vnd shall furnish the First Party
28 evidence of insurance covering same.
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5. That said Second Party shall surrender the property
30 and improvements. and the whole thereof. to the First Party at
31 the expiration of this term or other termination of this agree-
32 ment and that all improvements and structures placed thereon by
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~aid Secon~ Party s~nll b~~o~~ t~e prOr2~ty of the First ?arty.
6. That said Seco~d P~rtj. ~h311 not sub-lc~3~1 3ss1gn
or enc~rnber in ~ny ~anner ~heir inter~st or 'ony p~rt th~reof
.in sai4 proJerty and inpro'em~nts wit~o"t first abt~lnina writ-
ten consent of 3aid First Party.
I~ WITNESS THEREOf, the S~ty of San Bernardino pursuant
to the reJolution of its ~3yor and Common C~uncil, has ~3used
this agreement to be executed by its 3ayor and attested by the
City CleT~. End that
said President and Secretary of t~e Founda-
.1
tion of Unlimited Opportunities, a Corporation, have caused
their names to be hereunto subscribed the day and y~ar first
above written.
~
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'.CZ~ ,1/ '~7" c/'-,J2-
{' / City Clerk
V .
FODNDATIO!'l OF UNL HilT ED OPPOR:::-
TUNITIES, A Corporation-
Second Party
~'
,/ /~/t:/..J d-~ F///
-c~ (//President
') n. 1-" ) ~7 A ._
//7 /h0feJ //7 V//vU.U
Secretary
APPROVED AS TO FORA:
c.? ~ 0
~I~~ AhL~,;J
tity .Ittorney
....-c.