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1 RESOLUTION NO.
211 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A RENTAL AGREEMENT
3 ' BETWEEN SAID CITY AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO RELATING TO THE RENTING OF THE PREMISES AT 479 COURT
4i' STREET FOR THE PURPOSE OF AN EMPLOYEE PARKING LOT.
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5i, 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
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hereby authorized and directed to execute on behalf of said City
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a Rental Agreement between said City and the Redevelopment
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Agency of the City of San Bernardino relating to the renting of
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the premises at 479 Court Street for the purpose of an employee
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% parking lot, a copy of which is attached hereto, marked Exhibit
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"A" and referred to and made a part hereof as fully as though set
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14Iforth at length,
I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and. Common Council of the City of San Bernar-
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dino at a meeting thereof, held on the
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18 day of � r s 1970 by the following vote, to wit:
AYES : Councilmen� �r � _�p ®J�/
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20 ef
21 NOES
ABS ENT o
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24 City C 'er
The foregsing resolution is hereby approved this day
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26 °f0-----.� � , 197L i
27 MaY'Uf ot t e ty o San J�1ernard.ino
28 .pproved as to form-,
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0 !, orney
City t
31 '! LED
32 nnUQj APR rl1T9u� CW
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LOOFORi H., CRY I
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Agreement No. 272 A
THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO, CALIFORNIA
RENTAL AGREEMENT
BLOCK 2 PARCEL 6 ASSESSOR' S NO.
This Rental Agreement is made and entered into this 6th day of
_____April 19- 70 , by and between The Redevelopment Agency of the City
of San Bernardino, California (hereinafter called Landlord) and The City
of San Bernardino (hereinafter called Tenant).
It is agreed between the partieshereto as follows:
I. Landlord in consideration of the rental herein received and of the state-
ment made by Tenant, hereby rents to the Tenant and the Tenant hereby hires
and takes the premises in Central City Area No. 1 —, (here-
inafter called the "Project"), at 479_ Court Street __
San Bernardino, California, subject to the terms and conditions hereinafter
set forth, on a month to month tenancy, commencing on the first day of
May , 19 70 , and at a monthly rental of Twenty - five
Dollars ($ 25_00 ) per month, payable monthly in advance on the first
day of each and every month. Due for month of April , 1970, 25 days at
$.83 per day. Total amount for April $20.75. Rent for May and each
month thereafter - $25.00.
II. In the event Tenant obtains possession from Landlord of said demised pre-
mises prior to the first day of MaV , 19 70 , then Tenant shall
pay rent in advance to Landlord on the date of possession at the rate here-
in specified, such earlier rent to be prorated on a thirty (30) day month
basis. Tenant s earlier commencement of possession shall be subject to all
the terms covenants, conditions and agreements of this agreement, and such
earlier possession shall not otherwise affect, alter or change the provisions
of this agreement.
III. This agreement shall be automatically renewed for successive terms of one
calendar month each, at a rental of $ 25.00 per month payable in ad-
vance on the first day of each calendar month, unless otherwise terminated
as herein provided. It is mutually agreed that the terns hereof, or any re-
newal or extension thereof, may be terminated at the option of either the
Landlord or the Tenant upon the giving of thirty days' ( 30 )
written notice to the other party, or upon such shorter notice as may be
mutually acceptable and agreeable to Landlord and the Tenant, and Tenant
agrees to vacate said premises on or before the date specified in said
Notice. In the event Tenant fails to vacate the premises on the date spe-
cified in the Notice, Tenant shall pay the sum of $_ N/A per day, as
rental for each day he unlawfully occupies said premises after said date.
If this Agreement shall be terminated pursuant to any of the provisions of
this paragraph the unearned rent theretofore paid by the Tenant shall be
refunded, provided that the Tenant has fulfilled all his obligations under
this agreement or ektension thereof. Earned rent for the portion of the last
month occupied, when the lease is terminated on other than the last day of
a calendar month, shall be prorated on a thirty (30) day month basis.
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IV. This Agreement is entered into upon the following express covenants
and conditions:
If (1)' Tenant hereby waives the provisions of Section 1941 and 1942 of
the Civil Code of the State of California which read as follows:
1941, Obligation of Lessor. The Lessor of a building
intended for occupation of human beings must in the
absence of an agreement to the contrary, put it into
a condition fit for such occupation, and repair all
subsequent dilapidations thereof, which render it
untenantable except such as are mentioned in Section
nineteen hundred and twenty nine.
1942, If within a reasonable time after notice to the
Lessor, of dilapidations which he ought to repair, he
neglects to do so, the Lessee may repair the same him-
self, where the cost of such repairs does not require
an expenditure greater than one month's rent of the
premises and deduct the expenses of such repairs from
the rent or the Lessee may vacate the premises, in
which case he shall be discharged from further payment
of rent or performance of other conditions.
(2) The Landlord shall not be called upon to make any repairs or im-
provements whatever upon said premises, or any part thereof, but Tenant shall
at Tenant's own cost and expense, keep all of said premises in as good order,
condition and repair as reasonable use and wear thereof will permit. Tenant
shall make no alterations in said premises without the written consent of
the Landlord first had and obtained. Tenant will be allowed no credit by
Landlord for the cost of any repair work performed or ordered done by Tenant
to said premises.
(3) Tenant agrees to pay for any damage done to the premises by Tenant,
his family or occupants of the premises, invitees, visitors, or guests of
Tenant and for any other damage occurring to the premises except damage be-
yond Tenant's control.
(4) Tenant agrees not to assign this agreement, no sublet or transfer
possession of the premises nor to give accommodation to boarders or lodgers
' nor to use or permit the use of the rented property for any other purpose
than as a Parking lot
solely for the Tenant and if used as a dwelling) his family consisting of
The Tenant will not permit persons other than those specified herein to
occupy the premises without first securing the written permission of the
Landlord.
(5) Tenant agrees to- keep—the premises in a clean and sanitary con-
dition, to maintain the rented property including the care and upkeep of
lawns, shrubs, and trees, and to comply with all governmental laws and
ordinances.
(6) Tenant agrees to permit the Landlord or its representatives to
enter the premises during all reasonable hours to examine the same or to
make such repairs, additions or alterations as may be deemed necessary by
the Landlord.
(7) In the event of a misrepresentation of any material fact in any
statement submitted to the Landlord by the Tenant, hereunder, or any breach
of any condition or covenant hereunder by Tenant, the Landlord may terminate
this agreement by giving Tenant ��/q (_) days prior notice in
writing to vacate the premises and said Tenant agrees to vacate the premises
on or before the date set forth in said notice to vacate. In the event
Tenant fails to vacate the premises on said date, he shall be required to pay
the amount of rental specified in paragraph III hereof for each day he wrong-
fully occupies the premises after said date.
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(S) Vcither the Landlord nor any of its representatives or
employees shall be liable for damage or loss from theft or from any other
cause whatsoever to the property of (1) the Tenant (2) any rember of the
Tenant's far_,ily or occupants of the premises, or (3) any of the Tenant's
visitors invitees or guests,
(9) Upon the breach of any covenant or condition_ herein contained
or upon the termination of this agreement as herein provide= ane? upon giving
of notice as required herein the Landlord 's representative shell have the
right inreeeLiately to re-enter the premises ar_c renDve all persons and
property therefrom.
(10) Any notice reouired to be giver_ under the provisions of
Section 1161 or 116la of tll.e Code of Civil Procedure of the State of Calif.--
ornia ane any notice riven pursuant to pnrac-raph III and paragraph (7) of
this agreenert shall be given in the man_r_er prescribed by Section_ 1162 of
the Codc of Civil Procedure of the State of California. Any other notice
may be given to the Terant personally. or to any person then in or upon_ the
premises, or affi-x-ed to thy, door of the premises; or sent through the r.ails
to the pre-rises occupied by the Ter-apt. Notices to ths� Len_dlord must be
in writing anew ecliveree to the Landlord. or any culy qualifiee and authorized
representative of the Landlord ar_d receipt therefore obtained
(11) In case suit shill. be brought for ar. unlawful detainer of the
said, premises, or for the recovery of any rent due under the provisions of
this agreernen.t, or because of the breach of any other covenant or condition
herein contained on the part of the Tenant to be lrept or performer the
Tenant .agrees to pay to Vie Lanclord a reasonable attorney's fee which shell
be fixed by the Court.
(12) The Tenant agrees, duriw, the period of this rental agreement
=t to ciscrininate upon the basis of race, color, creed or national origin
In. -the use or occup£ncy of said property. The United States is a beneficiary
of this covenant and is entitlze to enf*rcc it lw authority of the Civil.
rights Act of 164
(13) In the event there exists any rental agreement or lease invcly--
ing the property which is the subject of this agrecrient between tl,.e Tenant
anel. any predecessor in interest to the Lanelord. it is a.grece ane' understoo'.
that such prior lease or rental agreement is cancelled,
(14) The waiver by Lan_elord of any breach of any term, covenant or
condition herein contained shall not be deer;ee to be a waiver of such tern
covenant or condition or any subsequert breach of the sere or any other term,
covenant or condition herein container?. The suhsenuent acceptance of rent
hereunder by Landlord shall not be e'cem.ed to be a waiver of any preccding
breach by Tenant of any term, covenant or condition of this agreement other
than the failure of Tenant to pay the particular rental so accepted. regard-
less of Lanelord s knowlerge of such precedinry breach at the tir^e of
acceptance of such rent.
(15) Tenant shall pay for all water supplied to the said -ises,
including any seiner charges, and Tenant shall pay for all gas, tat, poorer.
-telephone service disposal service, and all other services sup. __ed to the
said premises. Nothing herein containe(' shall be construed as requiring the
Landlord to supply to Tenant, or said premises) any of the above--r-entionee
services and utilities except those services and utilities listed on
supplement to this rental a.greer..ent
(16) All fixtures upon. the dcnisee proniso.s row belonnin^ to the
Landlord. a.r_d any ane, all fixtures hereafter attac'ied. to said prcrAises rot
other%*ise agreed in. wri.tin..!- by Landlord to be the property of Tenant; shall
at all times be the property of the Land-lord. ane upon the termination of
this agreement shall not be removed by the Tenant.
(17) Tenant agrees to carry fire and exte.ndee coverepe insurance
on the leased premises during the entire term of this agreement _n the sur
of $ , written by er_ insurance company oualified to do
business in the State of CF.lifornia, to be *Britten in the nares of and for
the benefit of Lardlozd and Tenant, as their respective interests may appear
Should the property at any time durir,; the term of this agree.
rent be so injured by fire. casualty or otherwise_ that it is rendered unfit
for occupancy, as determined by the '_',epartren.t of I'uil_din; a.nd Safety, City
of San rerrardino, Ce.liforr.ie, then this a.rreenent shall irm+ed.ia tely terminate
and there shall be refunded to Tenant. on a ere-r,�te basis, en..y advance or
unearned rental that at such time may have beer, Drier .
.g.
Tenant shall furnish Landlord contingent liability insurance in an
insurance company qualified to do business in -the. State of California,
in the sum of $__ ____ / $ in case of injury or
death to person or persons and in the sum of $ _
property damage for the same accident or occurrence. Such insurance to be
procured at the time of delivery of possession of said premises to Tenant
and to be kept in full force and effect during the entire term of this
agreement. ,
(18) The cost of premiums for all such policies of insurance as here
in required shall be paid by the Tenant, said policies shall be in the joint
names of Tenant and Landlord and duplicated copies thereof shall be delivered
to the Landlord.
In the event Tenant fails to procure such insurance and pay the pre
miums thereon, Landlord shall have the right to procure such insurance and
pay the premiums thereon, which amounts will be deemed additional rent and
due and payable by Tenant to Landlord with the next installment of rent
due thereafter.
Tenant further agrees to hold Landlord free and harmless from any
and all claims and causes of action during the term of this agreement
on account of injury or damage to persons or property from fire, accident
or other causes in or upon or about said premises.
(19) All the terms and conditions appearing herein are specifically
made a part of this agreement. This agreement evidences the entire agree-
ment between the Landlord and the Tenant, and no modification thereof shall
.be valid unless in writing and signed by the Landlord and the Tenant.
(20) If any portion of this agreement at any time or for any reason
is deemed unenforceable, this shall not be construed as cause for invalidat-
ing any or all other portions.
Executed at San Bernardino, California this
day of
tew
Tenant
Approved as to Legal REDEVELOPMENT AGENCY OF THE
Form and Adequacy CITY OF SAN BERNARDINO, CALIFORNIA
Bruce D. Varner P. W. Quinn, Jr.
Legal Counsel Executive Director
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ATTACHE"E?!T TO IRE-'lTAL A�EE"E'!T
P.EDEVELOT''!ENlT A lE?!CY ()F THE
TENIANIT CITY OF SA'! GE^NANIN0, CALIF.
NATE,,",
SEER CIlAT; ES
GAS
ELECTRIC
TELE011-10?!E SE�'lICE
DISPOSAL SEri"VICE
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