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RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE AGREEMENT BETWEEN MT. VIEW CEMETERY OF SAN
3 BERNARDINO D/B/A MT. VIEW CEMETERY AND CITY OF SAN BERNARDINO AND
REPEALING RESOLUTION NO. 90-429.
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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 Lease Agreement between Mt. View
8 Cemetery of San Bernardino d/b/a Mt. View Cemetery and City of
9 San Bernardino.
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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11 referenced agreement is rescinded if the parties to the agreement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.
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SECTION 3. Resolution No. 90-429 is hereby repealed.
15 I HEREBY CERTIFY that the foregoing resolution was duly
16 adopted by the Mayor and Common Council of the City of San
17 Bernardino at a meeting thereof, held on the
18 day of , 1990, by the following vote, to wit:
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Council Members:
AYES
NAYS
ABSTAIN
20 ESTRADA
21 REILLY
22 FLORES
23 MAUDSLEY
24 MINOR
25 POPE-LUDLAM
26 MILLER
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City Clerk
DAB/ses/Cemeter2.res
November 19, 1990
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1 RESOLUTION.. AUTHORIZING THE EXECUTION OF A LEASE
AGREEMENT BETWEEN MT. VIEW CEMETERY OF SAN BERNARDINO. .AND
2 CITY OF SAN BERNARDINO AND REPEALING RESOLUTION NO. 90-429.
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The foregoing resolution is hereby approved this
day
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of
, 1990.
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to
form and legal content:
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JAMES F. PENMAN,
City Attorney
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DAB/ses/Cemeter2.res
November 19, 1990
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LEASE
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THIS LEASE is made on this
day of
3 1990, between Mt. View Cemetery of San Bernardino d/b/a Mt. View
4 Cemetery, a California Corporation, hereinafter called "Lessor"
5 and City of San Bernardino, hereinafter called "Lessee". The
6 Lessor leases to Lessee and Lessee hires from Lessor, the
7 premises, shown in Attachment "A" and hereinafter described as
8 "Leased Premises".
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1.
LEASED PREMISES.
The original office building,
10 constructed in 1900, located on the southwest corner of that
11 parcel of land known as the Mountain View Cemetery, 302 E.
12 Highland Avenue, San Bernardino, California.
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2.
TERM.
The term of this Lease shall be for a period
14 of ten (10) years, commencing the date first above shown, and
15 ending Ten (10) years thereafter.
3.
USE AND OCCUPANCY. The premises are being leased as a
historical monument.
The parties to this Lease Agreement
18 acknowledge that the sole purpose of this Lease is to preserve,
19 protect and maintain said building as a historical monument and a
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20 benefit to the community and as an enhancement to the cemetery of
Lessor.
The said Lessee, paying the rent and performing the
22 covenants herein specified, has no right to occupancy except for
23 the purpose of performing those repairs and maintenance set forth
24 in Paragraph 7.
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4.
RENT.
Lessee shall pay to Lessor as rent, without
26 deduction, set-off, prior notice or demand, the sum of One Dollar
27 ($1.00) per year, payable in advance. All rent shall be paid to
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November 19, 1990
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1 Lessor at the address to which notices to Lessor are given.
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5.
REAL PROPERTY TAXES.
Lessor shall pay all real
3 property taxes and general assessments levied and assessed
4 against the Leased Premises.
5 In the event any improvements are hereinafter made by an
6 appropriate public agency which results in the imposition of a
7 special assessment against the Leased Premises and improvements
8 situated thereon, the Lessee shall pay cost of such improvements
9 and assessments.
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6.
COVENANT TO COMPLY WITH LAWS. Lessee, in carrying on
11 and conducting business upon the Leased Premises shall, at its
12 sole cost and expense, comply with and conform to all municipal,
13 county, state and federal laws, ordinances and regulations now in
14 force or which may hereinafter be in force pertaining to,
15 governing or affecting the use of the Leased Premises and the
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conduct of such business thereon.
The court abatement of any
17 unlawful use of the Leased Premises by Lessee shall, at Lessor's
18 option, be deemed a breach of this Lease.
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7.
REPAIR AND MAINTENANCE. Lessee, at its sole cost and
20 expense shall maintain, in good condition, order and repair, all
21 portions of the Leased Premises, any and all improvements now or
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22 hereafter situated and located on the Leased Premises, and all
Lessee's personal property.
It is expressly understood that
24 Lessor shall not be responsible for any maintenance or repair of
25 any portion of the Leased Premises or any improvements or
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personal property situated thereon.
It is further understood
27 that Lessor shall be responsible for maintaining the exterior
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November 19, 1990
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1 grounds in a clean and neat manner, to include but, not limited
2 to mowing of grass and weeding of any landscaping. Lessee agrees
3 that in the event the structure sustains major damage as the
4 result of any act of vandalism, or act of god, to make said
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repairs at Lessee's expense.
The parties herein agree that
6 repairs can be made by city workers, general contractor or
7 volunteers, at the Lessee's option.
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8.
RIGHT OF WAY.
No appurtenances or rights-of-way are
9 conveyed by this Lease Agreement.
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9.
REAL PROPERTY.
No real property or use thereof is
11 conveyed by this Lease Agreement.
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10. ALTERATIONS TO PREMISES.
The Lessee shall make no
13 alterations, improvements, or additions to the Leased Premises
14 without first having obtained the written consent of the Lessor.
15 Any alterations, improvements or additions made to or on the
16 Leased Premises by the Lessee shall be done in a good and
17 workmanlike manner and shall in all respects fully conform to and
18 comply with all applicable laws, regulations, rules and other
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19 building codes of the state, county, municipality or other
applicable public authority.
All such additions or alterations
21 made by the Lessee, shall become a part of the Leased Premises
22 with the consent of the Lessor shall be at the sole cost and
23 expense of the Lessee, and the Lessor shall have the right to
24 post any and all notices desired by it respecting the non-
25 liability for any such alterations, improvements or additions
26 being constructed or made ont he Leased Premises.
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1 The Lessee shall not cause any sign or other advertising
2 fixtures to be constructed on or affixed to the exterior of the
3 Leased Premises without first having obtained the written consent
4 of the Lessor.
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11. OWNERSHIP AT TERMINATION.
All improvements ont he
6 Leased Premises at the expiration of the term or sooner
7 termination of this Lease shall, without compensation to Lessee,
8 then become, at the Lessor's election, the Lessor's property free
9 and clear of all claims to or against them by Lessee or any third
10 person, Lessee shall defend and indemnify Lessor against all
11 liability or loss arising from such claims or from Lessor's
12 exercise of the rights conferred by this paragraph.
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The Lessee, at its cost, shall remove its personal
14 property and any property improvements not elected to be
15 retained by the Lessor.
12. INSURANCE.
Lessee, at its cost, shall maintain
17 public liability insurance with liability limits as follows:
18 $500,000 bodily injury and $100,000 property damage, or
19 $1,000,000 combined single limits, insuring against all liability
20 of Lessee and its authorized representatives arising out of and
21 in connection with Lessee's use or occupancy of the Premises.
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22 Lessee's insurance shall specifically include Lessor with
24 public liability insurance and property damage insurance shall
protection against any bodily injury or property damage.
All.
25 insure performance by Lessee of the indemnity provisions of
26 Paragraph 15 herein. Lessor and Lessee shall be named co-insured
27 on such polices and Lessee shall furnish to Lessor certificates
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1 of such insurance, with provisions that such insurance cannot be
2 modified, canceled or altered without giving written notice to
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Lessor.
The provisions of this paragraph 12 may be satisfied by
4 Lessee presenting to Lessor a Certificate of Self Insurance.
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13. CONDITION OF PREMISES.
At the commencement of the
6 term hereunder Lessee ackqowledges that the Leased Premises, and
7 every part thereof, is in acceptable condition, and Lessee will
8 make improvements as outlined in Paragraph 11 of this Agreement.
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14. INDEMNITY AND LIABILITY FOR DAMAGE. Lessee shall hold
10 Lessor harmless from all damages arising out of any damage to any
11 personal property, bodily injury, real property incurring in, on
12 or about the Leased Premises, except that Lessor shall be liable
13 to Lessee for damage resulting from the acts or omissions of
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Lessor or its authorized representatives.
Lessor shall not be
15 liable to Lessee for any damage to Lessee or Lessee's property
16 from any cause.
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15. WAIVER.
If the Lessee should default as to any of
18 the conditions, covenants or agreements herein contained and the
19 Lessor, having knowledge of such breach, should not take
20 advantage of the same, such failure on its part shall not be
21 construed as a waiver of such conditions, covenants or agreements
22 and the right of termination shall remain in full force and
23 effect unless expressly w~ived in writing, provided, further,
24 that no amendment to this Lease or any waiver of any term,
25 provision or condition thereof shall be effective unless such
26 amendment or waiver be in writing signed by the Lessor and
27 Lessee.
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16. ASSIGNMENT.
Lessee shall not assign its rights and
2 duties under this Agreement without prior written consent of
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Lessor.
Lessee shall not assign, mortgage or hypothecate this
4 Lease Agreement or any interest therein, or let or sublet the
5 whole or any part of said building, or donate the same to any
6 use, without, in each instance, first obtaining the written
7 consent of Lessor; and this Lease Agreement, or any interest of
8 Lessee therein, shall not be transferable by operation of law,
9 without written consent of Lessor, by reason of insolvency, or
10 attachment or other judicial process or sale by or against
11 Lessee.
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17. ENTIRE AGREEMENT.
This instrument embodies the whole
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agreement of the parties.
There are no promises, terms,
14 conditions or obligations other than those contained herein; and
15 this contract shall supersede all previous communications,
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17 the parties.
16 representations or agreements, either verbal or written, between
18. SEVERABILITY.
It is understood and agreed by the
19 parties that if any part, term or provision of this Agreement is
20 held by the courts to be illegal or in conflict with any law of
21 the state where made, the validity of the remaining portions or
22 provisions shall not be affected, and the rights and obligations
23 of the parties shall be construed and enforced as if the
24 Agreement did not contain the particular term or provision held
25 to be invalid.
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19. NOTICE.
all notices required by law, or by this
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27 Lease, to be given either party may be given personally or by
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1 depositing the same in the United states mail, registered, with
2 postage prepaid, and addressed as follows:
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To the Lessee at:
City Administrator
City of San Bernardino
300 N. ~D" street
San Bernardino, CA 92318
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To the Lessor at:
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cc: c/o Service Corporation International
Legal Department
9885 Carroll Canyon Road
San Diego, CA 92131
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Such addresses may be changed from time to time by either
party serving notices as above provided.
20. ATTORNEY'S FEES AND COSTS.
In case suit is brought
for unlawful detainer of the demised Premises, or for the
recovery of any rent due under the provisions of this Lease, or
because of the breach of any other covenant herein contained on
the part of the Lessor or on the part of the Lessor to be kept
and performed, the Lessee or Lessor will pay to the successful
party reasonable attorney's fees and costs which shall be fixed
by the judge of the court.
21. AMENDMENT OF LEASE.
This Lease supersedes all prior
negotiations and embodies all of the understandings and
stipulations between the parties hereto and supersedes all prior
preliminary agreements, and it is mutually understood that no
statement, promise or inducement made by either of the parties,
their employees, agents, or salespersons which is not
specifically set forth herein, shall be binding upon the parties;
and this Lease may not be enlarged, modified, altered, except in
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November 19, 1990
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1 writing subscribed by the parties hereto.
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22. BINDING ON SUCCESSORS. That subject to the covenants
3 respecting assignment, underletting or subl etting, the
4 conditions,covenants and agreements herein contained shall inure
5 to the benefit of and be binding upon the successors and assigns
6 of the respective parties hereto.
7 IN WITNESS WHEREOF, the Lessor and Lessee have caused this
8 Lease to be executed the day and year first hereinabove written.
9 "LESSEE"
CITY OF SAN BERNARDINO
By:
W.R. Holcomb, Mayor
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12 ATTEST:
14 City Clerk
15 "LESSOR"
MT. VIEW CEMETERY OF SAN
16 BERNARDINO d/b/a Mt. View
Cemetery
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18 By:
Victor M. Evans, Vice President
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19 APPROVED AS TO FORM
AND LEGAL CONTENT:
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JAMES F. PENMAN,
City Attorney
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DAB/ses/Cemetery.lse
November 19, 1990
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