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RESOLUTION NO. ft - i,J9
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF LEASE AGREEMENT BY AND BETWEEN SERVICE CORPORATION
3 INTERNATIONAL OPERATING THE MOUNTAIN VIEW CEMETERY AND CITY OF
SAN BERNARDINO.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor is hereby authorized and directed to
7 execute on behalf of said City a Lease Agreement by and between
8 Service Corporation International operating the Mountain View
9 Cemetery and City of San Bernardino.
SECTION 2.
The authorization to execute the above-
11 referenced agreement is rescinded if the parties to the agreement
12 fail to execute it within sixty (60) days of the passage of this
13 resolution.
14 I HEREBY CERTIFY that the foregoing resolution was duly
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15 adopted by the Mayor and Common Council of the City of San
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Bernardino at a V'.~.~eeting thereof, held on the /~
day of tJt'~-1, 1990, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN
ESTRADA ,/'
REILLY ,r-
FLORES V
MAUDSLEY V
MINOR V
POPE-LUDLAM V'
MILLER
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Cit lerk .
DAB/ses/Cemetery.res
October 15, 1990
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1 RESOLUTION. .AUTHORIZING THE EXECUTION OF LEASE
AGREEMENT. . .THE MOUNTAIN VIEW CEMETERY AND CITY. . .
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The foregoing
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resolution is hereby approyea this I TCt.. day
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, 1990. /,_.. I
gl/I/t;~ ///
w. K. H~lcomb, Mayor
City of San Bernardino
of
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8 Approved as to
form and legal content:
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JAMES F. PENMAN,
City Attorney
.yJ~ '
DAB/ses/Cemetery.res
October 15, 1990
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LEASE AGREEMENT
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THIS LEASE AGREEMENT is entered into as of this
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day of
,
1990, by and between
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SERVICE CORPORATION INTERNATIONAL operating the Mountain View
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Cemetery, herein called LESSOR, and CITY OF SAN BERNARDINO,
herein called LESSEE.
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WITNESSETH:
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1. Lessor, in consideration of the covenants and agreements
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herein contained, does hereby lease, demise and let to lessee all
that building in the County of San Bernardino, State of
California, described as:
The original office building, constructed in 1906, located
on the southwest corner of that parcel of land known as the
Mountain View Cemetery, 302 E. Highland Ave, San
Bernardino, California.
2. The term of this Lease shall be fifty (50) years
commencing on the first day of November 1990, and ending on the
last day of October, 2040.
3. The total compensation of this Lease is one dollar per
year, payable in advance.
4. This Lease is made by Lessor and accepted by Lessee on each
of the following conditions and terms, to wit:
A. The parties to this Lease Agreement acknowledge that
the sole purpose of this lease is to preserve, protect
and maintain said building as an historical monument
and a benefit to the community and as an enhancement
to the cemetery of Lessor.
DAB/ses/Cemetery.agr
October 12, 1990
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B.
No appurtenances or rights-of-way are conveyed by this
Lease Agreement.
C.
Lessee shall not assign, mortgage or hypothecate this
Lease Agreement or any interest therein, or let or
sublet the whole or any part of said building, or
donate the same to any use, without, in each instance,
first obtaining the written consent of Lessor; and
this Lease Agreement, or any interest of Lessee
therein, shall not be transferable by operation of
law, without written consent of Lessor, by reason of
any insolvency, or attachment or other judicial
process or sale by or against Lessee.
D.
No real property or use thereof is conveyed by this
Lease Agreement.
E.
Responsibility for maintaining grounds adjacent to
said structure will remain with Lessor.
Only those
utilities deemed necessary to protect the building
will be kept active and payment for same will remain
the responsibility of Lessor.
Routine housekeeping
tasks will be performed by Lessor, as needed.
F.
Lessee pledges that in the event the structure
sustains major damage as the result of an act of
vandalism, or act of God, to make said repairs at
Lessee's expense, based on a feasibility study
submitted by an independent structural engineer.
Parties herein agree that repairs can be made by city
workers, general contractor or volunteers, at the
DAB/ses/Cemetery.agr
October 12, 1990
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Lessee's option.
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G.
If, within the term of this Lease Agreement, Lessor
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has a need to occupy said structure, then, with the
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approval of the Mayor, Common Council and Historical
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Preservation Committee of Lessee, and with assurance
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from Lessor that the historical integrity of the
building is not jeopardized, and upon thirty (30) days
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written notice to Lessee, said Lessee will quit and
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surrender the premises herein demised.
H.
Lessor will continue to be responsible for any present
11 or future taxes or assessments which may be levied on
12 said property.
13 IN WITNESS WHEREOF, the parties hereto have executed this
14 Lease Agreement on the day and date first above shown.
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"Lessor"
SERVICE CORPORATION INTERNATIONAL
By:
"Lessee"
City of San Bernardino
By:
W.R. Holcomb, Mayor
City of San Bernardino
22 ATTEST:
23 By:
City Clerk
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Approved as to form
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JAMES F.
City At
By:
A
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/Cemetery.agr
r 12, 1990
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