HomeMy WebLinkAbout11392 Lease agreement for basketball court at 839 Mount Vernon from Home of Neighborly Service1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT
3 BETWEEN SAID CITY AND THE HOME OF NEIGHBORLY SERVICE FOR CERTAIN
PREMISES LOCATED AT 839 MOUNT VERNON.AVENUE FOR THE PURPOSE OF
4CONDUCTING PUBLIC COMMUNITY ACTIVITIES AND RECREATIONAL PROGRAMS
THEREON.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor of the City of San Bernardino is
.8 authorized and directed to execute on behalf of said City a lease
9 agreement between said City and the Home of Neighborly Service
10 for certain premises located at 839 Mount Vernon Avenue for the
11 purpose of conducting public community activities and recreational
12 programs hereon,
13 a copy of
14 which is attached hereto, marked Exhibit "I" and incorporated
15 herein by reference as fully as though set forth at length.
16 I HEREBY CERTIFY that the foregoing resolution was duly
17 adopted by the Mayor and Common Council of the City of San Ber-
18 nardino at a �. �,� �� meeting thereof, held on the
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day of .�1a _ , 197 , by the following vote, to wit:
20 AYES: �f. Councilmen
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22 NAYS:
23 ABSENT:
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25 City erk
26 The foregoing resolution is hereby approved this•'- day
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f197 .
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29 May®�r o, he City of San Bernardino
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Approve as to fo m: E �
31 L)
2 meaty ttorney
(p) LUCK. 'E GOFORTH, City Clerk .
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LEASE -AGREEMENT
(Basketball Court)
THIS LEASE AGREEMENT, -executed in duplicate at City Hall, this 1�1�✓
day of wr'','� , --- 1973, by and between the HOME OF NEIGHBORLY SERVICE,
�a non-profit" orporation, and the CITY OF SAN BERNARDINO, a municipal corporatio
hereinafter called respectively "LESSOR" and "LESSEE", without regard
to number or gender.
8� WITNESSETH:
9 j That LESSOR hereby leases to LESSEE, and LESSEE, hires from LESSOR, for
10 the purpose of conducting public community activities and recreational
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programs thereon and for no other purpose, the basketball court and
adjoining parking facilities on those certain premises at 839 Mount
Vernon Avenue situated south of Union and west of Ninth Street Park in the
City of San Bernardino, State of California.
The term hereof shall be for five years, commencing on the first
day of May, 1973, and ending on April 30, 1978.
It is further mutually agreed by and between the parties as
18J`follows.
19 Section 1. Deliver-. If LESSOR, for any reason whatsoever, cannot
20 deliver possession of the said premises to LESSEE at the commencement of
21 +said term, as hereinbefore specified, LESSOR shall not be liable to
22 LESSEE for any loss or damage resulting therefrom.
23 Section 2. Insurance. LESSOR warrants that it will provide,
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prior to commencement of this Lease Agreement and for the duration
thereof, a policy of fire and property damage insurance with a company
satisfactory to the LESSEE, which policy shall be in the limits of two
thousand eight hundred dollars ($2,800)
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per loss by fire and DOLLARS ($ )
for property: damage, and shall have as the named.assured the.
LESSEE and LESSOR.. All evidence of insurance .required hereunder
shall be in a form satisfactory to he City Attorney of LESSEE..
Nochange or cancellation in the terms thereof shall be made
unless at least sixty (60) days written notice 'thereof has been
given to the LESSEE..
Section 3. Maintenance. LESSOR shall, at itssole: cost
and expense,,keep and maintain said premises' and every part
thereof, in good and sanitary order, condition and repair.
Section 4. `Insp'ection. LESSEE shall permit LESSOR and
its agents and servants to enterin and upon said premises:at
all -reasonable times for the purpose of inspecting the same or
for the purpose of maintaining the:same, including the erection
and maintenance of fixtures and the .structure.
Section 5. Con:si'der_ation., In consideration of the
granting of this lease LESSEEagrees that 'it will, as 'soon as
reasonably practicable after theexecution hereof effect certain
improvements to the 'property herein described, to wit:
(1.) Asphalt basketball court;
(2) Night lighting fixtures; and
(3) Such :other improvements. 'and repairs as LESSEE deems
necessary to the purposes and objectives of its use.
The nature'and extent of such improvements shall be within
the sole discretion of LESSEE..
LESSEE shall permit LESSOR to use the leased premises at
any time -the same are not in use :for programs or activities under.
.thesupervision or sponsorship of LESSEE.
Section 6. Utilities. LESSOR shall pay for all water,
gas, heat,: light, power telephone service and all other service
supplied to. the :said premises.
Section 7.' Terminatkon. LESSOR or LESSEE.shall have the.
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I right to terminate this lease .and any renewal or extension
hereof and any holdover hereunder, at any time during theterm
thereby created, by giving to the other party a sixty days'
notice to quit, and at the expiration of said sixty days his
lease 'shall e`rminate:; provided, however, that no right to.
terminate :during the.one year of the first to m of this :lease
shall inure to: the LES:SOR..
Section'8. Notice. All noti.ces.ao be given to LESSEE.
or LESSOR:shall be given in writing eitherpersonally, or by
depositing same in the United States : mail, postage 'prepaid, and
addressed to LESSEE'or LESSOR at their usual business address,
whether or not :LESSEE or LESSOR has departed from, abandoned or
vacated :the premises.
Section 9. Option for Renewal. The. LESSEE shall have
theright to.extend:thi.s lease for an additional period of one
year upon written notice served upon the LESSOR at least :fifteen
(15) days prior to the expiration date of the. :lease or by
holding over beyond the .term hereof.
Section 10. Indemnity:.- The LESSOR agrees to indemnify
and hold harmless the LESSEE and its agents:, officers and
employees, from and against :all claims, damages:, losses and
expenses, including reasonable attorneys' fees:, in case it:shall
be necessary to file .an action arising out :of performance or
nonperformance.by.LESSOR of :the:covenants, agreements, and
conditions herein which are (1) for bodily injury, illness, or
death,: or for property damage,. .inc:luding loss of use, and (2.).
caused in whole or in part: by.LES:SOR'.s negligent act. or omission
hereunder, or that 'of .its agents:,: officers and employees or that
of anyone employed by hem or for whose .acts.LESSOR may be.
liable.
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ATTEST: CITY. OF SAN BERNARD:I J:K)'
Ci y Clerk(tlffavor"--of ItXeCzty of San Bernardino
HOME OF NEIGHBORLY SERVICE
Approved as to form:
Assistant C 1y. Attorney
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