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1 RES OLUT ION NO.
2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE BETWEEN
3 SAID CITY AND SIDNEY Do BLOOM FOR THE LEASING OF THE PRO-TENNIS
SHOPS SITUATE IN THE TENNIS CURT AREAS OF PERRIS HILL PARK AND
4 BLAIR PARK,, SAN BERNARDINO, CALIFORNIA.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6OF SAN BERNARDINO AS FOLLOWS ;
7 �
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 between said City and Sidney Do Bloom, for the leasing
10 of the Pro-Tennis Shops situate in the tennis court areas of
111 Perris Hill Park and Blair Park, San Bernardino, California,
a copy of which is attached hereto, marked Exhibit "A" and
12
131 referred to and made a part hereof as fully as though set forth
14 at length.
151 I HEREBY CERTIFY that the foregoing resolution was duly
16
adopted by the Mayor and Common Council of the City of San Bernar-
dino at a ` ';4/, meeting thereof held on the
17
18 - l 'day of rTy�fr , 1970 by the following vote, to wit-,
19 AYES: Councilmen »
20
4
21 NOES : /
22 ABSENT:
23
24 City e
25 The foregoing resolution is hereby approved t is day
26 of � �G , 1970.
27 ; Mayor of t e ity o an ernar ino
28j
Approved as to form-,
29
30
city Attorney F I L E D
31 �
P APR 71970
LUCIIL LE GOFORTH,, city CIA
'i
II I
L E A S E
2 (Pro-Tennis Shops)
3 THIS LEASE , made and entered into at San Bernardino,
4 California, this day of 1970, by and
5 between the CITY OF SAN BERNARDINO, a municipal corporation,
6 hereinafter called "Lessor" , and SIDNEY D. BLOOM, hereinafter
7 called "Lessee" .
8 W I T N E S S E T H:
9 That for and in consideration of the covenants and
10 agreements hereinafter contained, said Lessor does hereby lease,
11 demise and let to said Lessee, and said Lessee does hereby
12 rent, hire and take from said Lessor, all of the following des-
13i cribed properties, situate in the City and County of San :13ernar
14 � dino, State of California, and more particularly described as
15 follows , to wits
161 The Pro-Tennis Shops situate in the
Tennis Court Areas , Perris Hill Park
17 � and Blair Park, San Bernardino,
California.
18
For a term of two (2) years , commencing on April 15 , 1970
19 �
and ending April 14 , 1972 and said Lessee does hereby covenant
20
21 and agree to pay as rental for said premises a sum of one dollar
22 ($1.00) per year for the period of said Lease, and said rental to
23 be paid on or before April 15 of each year.
THAT SAID LESSOR AND LESSEE DO HEREBY COVENANT AND AGREE
24 ,
AS FOLLOWS, TO WIT:
25
26 1. That said Lessee shall have the sole and exclusive
27 privilege of operating the tennis pro-shops including sale, repair
and rental of tennis clothing and equipment, and the use of tennis
28
29 court facilities for private tennis instructions , except for and
30 during the use thereof by classes conducted. under programs of the
31 Parks and Recreation Department of the City of San Bernardino,
32 hereinafter called department. ''
2. Instruction by the Lessee shall be limited so as not
2 to interfere with the periods of most public usage as determined
31 by the City of San Bernardino Parks and Recreation Director,
4 hereinafter called "Director. " The Department shall have the
5 right to use all tennis courts for tournament or other match play
6 provided that the Lessee is given seve.-a (7) clays uritten notice
7 thereof. croup instruction by the Lessee using more than one (1)
8 court will be permissible when coordinated through the Director.
3. The Lessee shall maintain the pro--shops and the area
10 between the two courts on either side of the pro-shops in a clean
11 condition at all times.
12 � 4. The Lessee shall comply with all public laws , rules
131 and regulations of the Depart ant.
14 5. That said Lessee will keep and maintain said business
15 'I open six (6) days a week, six (6) hours or more per day, including
16 � Sundays and holidays , except Easter, Thanksgiving, Christmas and
171 New Year's Day. The said Lessee shall display such sign as is
18 '� periodically approved by the Director and which shall state the
191 regular business hours.
20 6. Lessee shall maintain for sale or rental a reasonable
21 stock of tennis clothing, supplies and equipment.
22 7. Lessee , at all time during the stated business hours
23 when three or more courts are in use, shall enforce a requirement
241 to register of players and a time lirait for players when others
25 � are waiting to use the tennis courts. The time limit shall be
26 � periodically determined by tale Director based on the demand for use.
27 S.
S. Lessee shall make minor repairs and adjustments to all
i
28 ' tennis nets as needed, and shall periodically report needed major
29 � repair of the facilities to the Director.30
9 . T
1.1essee shall perform a public service by Promoting,
n �jinstructing at, and supervising the tennis program. of the City of
IS"an Deruardino at public places in coordination with, and at the
li
-2-
I direction of, the
1
Director at no cost to the City of San Bernardino. Lessee may
2 charge such fees as are submitted by Lessee to Director and
3 approved by the City Council for tennis instruction at such public
4 places. Lessee shall strive to develop an expanded and vigorous
5 � public tennis programa.
61 10. Lessee shall not sublease, assign or encumber in any
7 manner his interest or any part thereof in the use of said
properties and improvements without first obtaining the written
91 consent of the Mayor and Common Council of Lessor.
10 11. Lessee shall comply with each and every law and
11 regulation of the State of California and City of San Bernardino
121 and shall not cause or permit waste, injury to or destruction of
1
131 the premises, property and improvements.
141 12. In the event that lessee shall default in the perform-
151 ance or fulfillment of any covenant or condition herein contained,
16 then Lessor r-.iay, at its option without notice or demand upon
17 Lessee or upon any person claiming by, through or under Lessee,
181 immediately cancel and terminate this Lease and terminate each
19 and every right of Lessee and such person, in which event the
201 premises shall immediately revert to Lessor, together with any
21and all improvements placed thereon and Lessor may thereupon enter
22 � into and upon the leased premises and repossess the same and expel
23 Lessee and any and all persons claiming by, through or under
24 , Lessee. '"he rights and remedies of Lessor, as hereinabove set
25 forth, are cumulative and shall in no wise be deemed to limit any
26i of the other provisions of this Lease or otherwise to deny to
27 � Lessor any right or remedy at law or in equity which Lessor may
281 have or assert against Lessee under any law in effect at the date
29 hereof or which may hereafter be enacted or become effective,
30 , it being the intent hereof that the rights and remedies of Lessort
as hereinabove, set forth, shall supplement and be in addition to
32 : and in aid of the other provisions of this Lease and of any right
-3-
I or remedy at law or in equity which Lessor may have against said
2 Lessee.
3 13. The Lessee shall hold the C'ity of Sari Lernardino
4 and its employees and agents free and harm. less from any liability
5 � which may arise out of any accident or injury resulting from the
6 use of said property and improvements while under the use or
7i control of said Lessee, and shall furnish the Lessor evidence of
8 ' insurance in the amount of $100,000/$300 ,000 for public liability
91 and $25 ,000 for property dainage.
101 14. The term of this Lease may be extended upon mutual
11 � consent of both parties .
121 15. The Lessor or the Tuessee shall have the privilege of
1
13I terminating this Lease by giving ninety (90) days written notice
141 thereof, and this Lease shall terminate ninety (90) days thereafter.
151 16. The Lessee shall furnish a Faithful Performance Bond
16 or certified theclk to the City of San Bernardino in the amount of
17 $100.00 which shall be subject --'--o t'll-te approval of 4L-.he City of i
18 San Bernardino, and said Bond shall be in accordance with Ordinance
19 ' No. 821, Section 2400, and the corporation issuing said Bond shall
201have a rating in Best's Insurance Guide of "A" or higher.
21 IN WITNESS WHEREOF, the City of San Bernardino pursuant
221,
to the Resolution of the Mayor and Common Council, has caused
this Lease to be executed by its Mayor and attested to by the City
24i Clerk, and the said Sidney D. Bloom has caused his name to be
25 hereunder subscribed the day and year first above written.
tten.
26 ATTEST. CITY OF SAN BERNARDINO, Lessor
27
I
281- Mamyvo
—Cit�, Clerz. -
291
Approved as to form SIDNEY D. BLOOM, Lessee
30 �
311 on 1970
32 � Uii–ty Attorney