HomeMy WebLinkAbout1980-115 I
;I
I i
1 RESSOLUTION NO. 2 —L11z
2
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
3 I OF A LEASE AND AGREEMENT TO LEASE AND PURCHASE CERTAIN LANDS FROM THE SAN
BERNARDINO CITY UNIFIED SCHOOL DISTRICT OF SAN BERNARDINO COUNTY LOCATED
4 EAST OF STERLING AVENUE, NORTH OF LOS FLORES DRIVE (STERLING SCHOOL) AND
ORDERING THEREIN ON
IFTY THOUSAND DOLLARS
($50,000.00).
6
WHEREAS: The San Bernardino City Unified School District of San
7
Bernardino County has offered the subject land for sale to the City of San
8 Bernardino,
ernardino, and:
WHEREAS: The City of San Bernardino acting through the Director I
10
of Parks and Recreation has declared its intention to develop the said land
t1 for Park and Recreation purposes, and:
12 WHEREAS: The Mayor and Common Council of the City of San Bernar-
13 dino agreed to the acquisition of said land, at its meeting of July 23, 10179,
i
14 and:
15 WHEREAS: The City of San Bernardino acting through the Real Prop-
. �
16 erty Section of the Department of Public Works has negotiated with the said
I
17 School District for the acquisition of said land.
18 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
19 �
SECTION 1 : That the City of San Bernardino execute a "Lease and
20
Agreement" with the San Bernardino City Unified School District of San Ber-
21 j
nardino County to lease and purchase two parcels of land each described in
22
the attached Exhibit "A" generally located East of Sterling Avenue, North
23
of Los Flores Drive in the County of San Bernardino.
24
SECTION 2: That the said Lease and Agreement referred to herein,
25
a copy of which is attached hereto, marked Exhibit "A" and is hereby referred'
26
to and made a part hereof as fully as though set out at length herein, is
27
hereby approved.
28
i
I
1 SECTION 3: That the Mayor and City Clerk of the City of San Ber-
2 nardino are hereby authorized and directed to execute said Lease and Agree-
3 ment on behalf of the City of San Bernardino, and authorize payment of rents
4 on an annual basis as set forth in said Exhibit "A" with the first payment
5 now due end payable in the amoui;t of Fifty Thousand Dollars ($50,000.00) .
6 I FEKEBY CERTIFY that the foregoing resolution was duly adopted
7 by the Mayor and. Common Council of the City of San Beraardino at a
8 > meeting thereof, held on the /7 day of
9 1980, by the following vote, to wit:
l0 AYES: Councilmen
12 MAYS: '
13 ABSENT: �� o
14
15 ��
City Clerk
16
17 r>
The foregoing resolution is hereby approved this _
18 day of 2�� —, 1980.
19
20
21 City of.—San Bernardino
22
23
24
Approved as to form:
25
26
27
City A orney
28
rt
J,LASL AND AGREEMENT
THIS LEASE AND AGREEMENT is made and entered into this 7th dby
March_ 3,980, by and between the San Bernardino City
Uri i fl'�JS_(�_ho�( l Tiistrict of San BernardihO County, hereinafter referred to as
Wstricl" and the city of San Bernardino, a municipal corporation, here-
inafter referred to as "City".
W I T 1.11 E S S E I I
1, District hereby !cases Onto City and City hereby hires from
District the following described real property situated in the County
of Son Bernardino, State of California, and more particularly described
as iollows '.
Sterlinq Site Description
A portion uf lots 1 and 2, block 19, Map of West Highlands, as per
plat recorded in back 5 of Maps, page 77, records of San Bernardino
cuunty, des0lbed as follows :
The west 714.99 feet of the north 412.00 feet, excepting therefrom
the east 60 feet of the south 20G,00 feet.
PARCEL NO. 2:
That portion of lots I and 2, block 19, West Highlands , as per plat
recorded in book 5 of Maps. page 77, records of San Bernardino
County, describcd us fullows -
Beginning at a point an the west line of said lot 1 , also being the
east line of Sterling Avenue 82.5 feet wide, that is south 00 05' 45 '
cast along said west line 412.00 feet from the northwest corner of said
lot 1z thence south 890 57 ' 00" cast along a line parallel with , and
distant southerly 412.00 feet fran the north line of said lots 1 and
I a distance of 652.78 feet; thence south 210 22' 20" West 36.22
I eet; thenLe along the arc of a E urve concave to the south, Qua an
initial tangent hearing north 8720' 10" west, ^with a radius of
717.07 feet, through a central angle of 20 36' 50" a distance of
32.71 feet to a point in a line parallel to and distant southerly
445,00 feet from the said north line of lots I and 2; thence north
890 57 ' 00" west along said lost mentioned parallel line 606.82 feet
to the said west line of to " i thnnce north 00 05 ' 45" west along
said west line 33.00 fect A . 10 Point of beginning.
4
2. The torsi of this Lease Shall he a period of six (6) years,
ti comwencing April 1 , 1980, and ending March 31 . 1986. %
eK N 1(3 1 T
3. Rental shall be payable annually -ill L,,dvance as folloviS'
a fifty Dollars ($5(),()r,)1U) payablc on or boy ore
April 1 , 1980
1). 'rj,:cnty Seven Thousan(1 )oIlars (e y ,000)
on or
before April 1 , 1981 .
r. T'v,,enty I ivc Thc',;Ilts�.Vld
pjjyc)blC or, before Ap,- il J. YN12
1,1"I"Onty Four Thousand fl,'o HundrcLd Dollar:. 200)
payable on c)l before Apri I 1.1 1.083
e. "Ivienty _["vXl '[housand Eighil' Hitffidrcd Do-i laI s 00)
paypJ.1 e (.114) or before App I I . 1031
I - -A Doll arc: 400)
'k,"erlt-y One '[110usaind F(mr, 11UHU', C"I
payable on or before April 1, 1c,185.
4 to c*'ity a.n option to buy the leased preynises,
4. District hereby grants any April Ist there�,fter with-ill the `Ulerm
Commencing April 1, 3,981 and upon c lect to exercise
of this agree-Ment, and on or be-fore Apyt�*! 1, 19U , City n,iay
C-1.Ly S!�c-,*jj fully perfoyme(',
said c)ptio-f, EL fl-le fol1-,,,,,.ing prices, P
I i mo
!-nade a. 1 0 ,t_, C,
the lease an-1 '11 pEjywerits requir�: herc��y to thi`
a. One Hundred Seven Thousand ($1(017,0001) or,
before April 1 , 1981 .
a s
b. Eighty Five Thousand Six- Hundrerl Dollars 0`35,600) on or
before April 1 , 1982.
n O
Sixty Four 'Ifhousand 1 0 Oi o r
before 1, 1983,
d. Forty Two Thousand Eight Hulidl`Cd 00-11al's ($42,800) O.tl c;"
before April 1. 1984.
"'we n t 00' oil or,
e, I -y One. 'fhausand Foul-
before, April 1, 1985�
5. In the event of the exercise of this option as herein p rov i a e d
i
Di stri ct agre, s to convey the property to Ci tY LiY Grant D,,�Od free and cl ear
-ie taxes and assessmr_�rits fliat., under this lease,
of all enCUMbrLances except H
are to be paid by City, and except any casemen-lus or r,�ic,Olts of k,,ay or other
title except-Ions of record.
6. Whenever City Shall G"-Si N' ,c c
x c I s r,1 tj`i i, +; is i err, iv. shall gi ve
1 -
District written notice thereof. The purchase_ ' hail i n any event: be com
j, of the. purchase price Wit.11111
pleted by conveyance of the property and payifim L tilis
sixty (60) days from the delivery of notice OF int.ent, to exerciseN opti on
and -if such n0tice is not liven by City by Ppri 1 1 , I1Y,85, then this 00JO-il
shall 1)` null and void.
2
7. It is agreed that this Lease and the Option to Purchase shall
automatically terminate if any of the aforementioned rentals shall remain
unpaid for a period of ninety (90) days after the due date of each payment.
Li, Tt: is also agreed that the property described herein must be used
only for Park and Recreation purposes for the first five (5) years after the
date of this document,: otherwise this lease will automatically teryinate , or,
if City should choose to offer the property for sale on the open market at.
it'ss then appraised fair market value but not less than $155,000. , then
��l1 to District the total am ���,�,�;
1��-)�)I-s t:(fE: culmination of said sale, City shall pity
obtained from said sale minus tho following:
:1. . 1lr►y ��.rrd all amounts already paid to District by City pursuant
to this Lease;
2.. An amount equal to three percent (3/) of the total amount, of the
total wale price to ba retained by City as Administrative costs;
Should City exercise its option W purchase the property during said five ycal
period, the Grant Deed conveying the pr oper(;v to City shall contain a clause
providing for reversion to District if the and is not used for Pork and Recre
tion purposes during said five year period, unless the land is offered for sale
by City as stated her-einabove, then said (`,rant: Deed will not contain said
reversionary clause. The date of close of ;:escrow of said above referred to
sale will automatically terminate thi s reasp between the parties hereto.
9. This LeasE is made upon the `xpr ess condition that District is to
be free from all liability and claims for damages by reason of any injury to
any person or persons . -including City, or property of any kind whatsoever
and to whomsoever belonging, including City, form any cause or causes wrhatso
ever while in , upon , or in any way connected with the leased premises during
the term of this Lease. City agrees to defend, indemnify and save harmless
District from all liability, loss , cost and obligations on account of or
ar'i.sing out of any `,!ech injuries or losses however occurr inD , subject- hoV.cver
to the provisions of Paragraph 10 following
10, District shall , by April 1 , 1980, remove all buildings from the
property described herein as they are not a part of this transaction . During
the interior period betw En the date of execution of this document and said
removal , City shall he free from all liability and claims for damage by reason:
of any injury to any person or persons , including District. or property of an,;
kind w h xt scover and to Wl, msoe ver be l on i ng, including District, I tom any caul,
or causes whatsoever while in. upon, or in any Way connected with the referenced
buildings or from the security and/or upkeep and maintenance of said buildings .
District agrees to defend, indemnify and save harmless City from all liability ,
loss , cost and obligations on account of or arising out of any such injuricu ,
.losses and damages or lack of security and maintenance relative to such
buildings however occurring.
11. District shall take care to leave remaining in place all building
foundations, all installed playground equipmpnt; all installed sprinkler and
irrigation equipment; and all fences which oxist on or in the property as of the
date of this instrument, which will remain as part of the property to be leased
and/or conveyed.
w3V
12. District shall not encumber, or deal with the demised property in any
way during the term of this instrument without the expressed consent of City.
13. city will pay and dischargu, when the sama shall be due and payable,
all assessments , taxes or charges of any kind which way, be or became liens uP01-1
the subject property after the date of Lhis instrument.
14. The waiver by District of any breach of any of the mus and condi.
tions herein shall not he a waiver of any subsequent breach.
15. The rights of City shall not be assignabin Dior be s"blet in whole
or in part, either by operation of law. or otherwise; however, the City may
grant special use permits to persons, groups, associations or co• poratiun,
whereby they may use the premises or portions thereof` for recreational and
related purposes.
IN WITNESS WHERLOF, the parties hereto have executed this lease and
Agreement an the day and year fii5t shown above.
SAN B F--:RNPJ1'1,D I iN I,,;, CI'fY UNIFIFD CITY OF SAN BERNARDINO
SCHOOL DISTRICT a municipal corporation
c
n,rp
'orat i on
..... .ici�a'>
By.
I f A—R O'Cb--E–. G Ed [3.f. ay
Assistant Superinten ent,
Administrative Scrvlces
ky
C i ty Gic,rk
D S 10 F 0.R'�,l
"^1 ';1-`• COUNSEL
SAN 010AP0NO GOUNTY, 0-IFORNIA
13Y Alva)
DEPL 1 APPROVED AS TO FORM:
c c c
i c,o rn ey
4
K RN1[,J,",,WP0 WTV UNWIM scNooh nISTIAM
CEF
The Hoard nict in regular session on the 70th day of December 1979 jul,
USLIZ11 meeting place thereof, The meeting "as called to ardor at -j-'00 o'clock 17• in,
Members present Votts , Fawke : Grossman, Hatton,. MI I ler,, WigN , Ind Shel tail
W111,I)e1s absent: None
The adoption of the following I-OSOILItiOn and coder was moved by Member Botts and
seconded by Member ire iqcl ,and a vote bckql WWI the said resolution and coder was adopted
by the following votes of nioniboys present at that time.
AYES: Pon-ibors Botts , Fawko' Hatton, Grossman , N(19el
NOES: f",fefllbers None
ABSTENTIONS: Mienibers Shelton. Hrs. Shelton nelthel' diSCLJSSCd 1101' Voted On this
I tem.
Absent for Votc: M i I I at-
BE IT RESOLVED that the Board of Education ap!)rOvc tho
Lease and Agreement v,,lth the C! ty of San Bernardino
for lease with option to purchase, ti-ic Sterling School
Site, not Including any bl.dldinc,,s , for use. as park and/or
-O%ral f-,iy County Counsel,
C0,111,111LInity center, to apps
BE IT FUR-FHER RESOULD that Harold L. Boring, /Assistant
Superintendent , Administrative Services , bc- authorized to sign
thc, Lease and tgrecment on behalf of the Uoal-d of Edu(-E�A1011.
1, L. Wryslf;�-;kl ' Assistant Secretary of the (,overning Board of the Sam nerrmt(lioc)
City Unified School GAHM Imadq certify that the foregoing & a true and correct copy of a rendution duly mndq;"kqWd
and entered in Ow !3 ;1,1d 11JIMICS Of the Governing Board of the Safi 13pninahm) City Unified Schaaf DOW On
tho 20th of December
Da t c d:
SU-12 197T1 "'(3cfelmy, f3o.t1d of I do"AMI
�) Agel Ida I L cm 11