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HomeMy WebLinkAbout64-Public Works crJ\y i'F SAN BERNARDI"-'> - REQUE:.)T FOR COUNCIL AC."""ON (?-(; c:r From: ROGER G. HARDGRAVE, Director R E C'D.': AD ~Hflj9!tf' ';ept: Public Works Department August 12, 1987 \n3' 'I'" 26. P:l 4: "r; ,J'l ih.::Jo d \",IV LEASE RENEWAL: Lease by the Ci ty from Home of Neighborly Services for Park and Recreation purposes. FILE NO. 15.06A-22 Qate: Synopsis of Previous Council action: None Recommended motion: Adopt Resolution cc: Raymond SChweitzer,City Administrator James Penman, City Attorney Warren Knudson, Finance Director Lewis E. Little Phonl: 3e4-5328 Contact plrlon: Supporting data attachad: Staff Rot.. Reso 1 ut i on and Ma D $5.00 FUNDING REQUIREMENTS: Amount: Ward: 1 001-~53010 Source: (ACCT. NO.) J" (ACCT. DESCRIPTION) Land and Building Rental Finance: t..llt a L:.. ~ .. Council Notll: ..a_Ill"'" Agenda Item NO._t, ~ - Clty:OF SAN BERNARDI~ - REQULlr FOR COUNCIL AC'~A)N STAFF REPORT On May I, 1978, the City executed a lease with the Home of Neighborly Services, for the lease of property for Park and Recreation purposes. The property is located South of Union Street, East of Mt.Vernon Avenue. That lease has now expired, and the Park and Recreation Department has advised this department that it wishes to continue leasing the property for Park and Recreation purposes. The previous lease was for the amount of $1.00 per year. The City is also leasing 3 temporary classrooms to the Home of Neighborly Services for $1.00 per year. We are recommending that the lease be renewed for a period of five years and that the rate of $1.00 per year remain. 8/12/87 75-0264 , A ,p./'A JJt') 1 2 3 4 5 6 7 8 9 '"""'SOLUTION NO. ".> RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE WITH THE HOME OF NEIGHBORLY SERVICE FOR CERTAIN PROPERTY LOCATED GENERALLY EAST OF THE DAY CARE CENTER ON UNION STREET, EAST OF MT. VERNON AVENUE, SITUATED SOUTH OF UNION AND WEST OF NINTH STREET PARK FOR PARK AND RECREATIONAL PURPOSES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino fs hereby authorized and directed to execute on behalf of said City a Lease wfth the Home of Neighborly Service for certain property located generally East of the Day Care Center on Union Street, East of Mt. Vernon Avenue, situated South of Union and West of 10 Ninth Street Park for recreational purposes, a copy of which is 11 attached hereto, marked Exhibit "An and incorporated herefn by 12 reference as fully as though set forth at length. 13 I HEREBY CERTIFY that the foregofng resolutfon was duly Council of the Cfty of San 14 adopted by the Mayor and Common 15 Bernardfno at a 16 the __ day of 17 to wft: meeting thereof, held on , 1987, by the followfng vote, 18 19 20 21 22 23 AYES: Council Members NAYS: ABSENT: Cfty Clerk The foregofng resolutfon is hereby approved this 24 day of , 1987. 25 26 Mayor of the City of San Bernardino 27 AP~oved as to form. :. 28 7~ ty Attorney and legal content: , 1 2 3 .LIALE THIS LEASE is made an~ ~~tered into this day of ___, 1987, by and between the HOME OF NEIGH- 4 BORLY SERVICE, a non-profit corporation, hereinafter called 5 "Lessor," and the CITY OF SAN BERNARDINO, a municipal corporation, 6 hereinafter called "Lessee." 7 ~ 1 I H E ~ ~ E I tl: 8 1. Description of Premises. Lessor leases to Lessee, and 9 Lessee hires from Lessor, as herein provided, the premises located 10 generally East of the Day Care Center, East of Mt. Vernon Avenue, 11 South of Union and West of the Ninth Street Park, in the City of 12 San Bernardino, and more particularly described as follows: 13 Lots 17 and 18, and the East 4.85 feet of Lot 19, Tract Maps, page 4, records of the County Recorder of San 14 Bernardino County, State of California. 15 2. Use of Premises. The p rem ises are 1 eased to be used 16 excl usively as and for park and recreational purposes. Lessee 17 agrees to restrict its use to such purposes, and not to use, or 18 permit the use of, the premises for any other purpose without 19 first obtaining the consent in writing of Lessor. Lessee shall 20 permit Lessor to use the leased premises at any time the same are 21 not in use for programs or activities under the supervision or 22 sponsorship of Lessee. 23 3. ~. The term of this lease shall be for a period of , 24 five (5) years beginning July 1, 1987, and ending June 31, 1992. 25 , 4. Lease Payments. Lessee agrees to pay Lessor, as and for 26 said premises, the total sum of one dollar ($1.00) for the term 27 hereof. 28 08/10/87 -1- EXHIBIT "A" , ,-, "' -",,"; 1 5. Maintenance. Lessee shall. at its sole cost and 2 expense. keep and maintain said premises, and every part thereof, 3 in good and sanitary order, condition and repair, to include, but 4 not be limited to, mowing, trimming, watering, fertilizing, spray- 5 ing and whatever else the City's Department of Park and Recreation 6 shall deem necessary. 7 6. Utilities. Lessee shall pay for all water service 8 supplied to the said premises. Lessor shall pay for all other 9 utilities furnished to the premises for the term of this lease. 10 Termination. Either party may terminate the lease at 7. 11 any time by the giving of sixty (60) days advance written notice 12 to the other party. 13 8. Notices. All notices herein required shall be In 14 writing and delivered in person or sent by first class mall, 15 postage prepaid, addressed as follows: 16 17 18 Home of Neighborly Service 839 Mt. Vernon Avenue San Bernardino, CA 92411 City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 9. Option for Renewal. The Lessee shall have the right 19 to extend this lease for an additional period of five (5) years 20 upon written notice served upon the Lessor at least sixty (60) 21 days prior to the expiration date of the lease. 22 10. Insurance. Lessee, as a governmental entity, Is self- 23 Insured. Lessee agrees to hold Lessor harmless hereunder for any 24 and all damage, personal Injury or other liability which may arise 25 as a direct result of Lessee's operations or maintenance of the 26 property and to pay any and all sums which may become legally due 27 as a result thereof. 28 08/10/87 -2- EXHIBIT "A" 1 11. Indemnity. The Lessor agrees to indemnify and hold 2 harmless the Lessee and its agents. officers and employees, from 3 and against all claims, damages, losses and expenses, including 4 reasonable attorney's fees, in case it shall be necessary to file 5 an action arising out of performance or nonperformance by Lessor 6 of the covenants, agreements. and conditions herein which are (1) 7 for bodily injury, illness. or death. or for property damage, 8 including loss of use, and (2) caused in whole or in part by 9 Lessor's negligent act or omission hereunder. or that of its 10 agents, officers and employees or that of anyone employed by it or 11 for whose acts Lessor may be liable. 12 IN WITNESS WHEREOF, the parties hereto have executed this 13 Lease on the date first hereinabove written. 14 ATTEST: 15 CITY OF SAN BERNARDINO By: 16 17 18 19 20 21 22 23 24 25 26 27 28 City Clerk Mayor HOME OF NEIGHBORLY SERVICE By: Title: Ap roved as to form and legal content: J. City Attorney 08/10/87 -3- EXHIBIT "A" '. S"~:~~ . . ~ ..-..~ 9 TH III .S I So 6-; . I ~~~7 + 8 ~ ~ia/' : ~-, \1'1 . @ 9 ... @l 10 ; . .. .. .. i!.i II _.._,~ UNION 22 ~ . I ----- ""1- -----, o 23 .~ _.___.L_____ . 24 .r , II. r _~o ~l'~: I 01 CD 1 1 ~~ I -so "'r' r: VI" ~. ngj"n,FIV ,Jun'.li..., M.B.712 . 3"'" 9' -' ~~ ~~ ~4C) liP-Ell TO i3f L;;~E/l 8'( TH,; c..rrt ~ (;") ~. r,. -.!....-' ~. !O 2!l 26 27 28 29 0'0 . (/Z, 1/,', I/O', .-,' tI.~ .'9\ (80 0 ~. ,-:-, .~ 1:::..1 .~.. il t:fY (13: , , <? _/ :5 ISO 43~ .'.8 - ..-<)- 8TH . .. , '. {3 ; '.~ J (61 '. '-' : , ~. (2 ., -' 4 12 /3 14 /5 16 @ + @ , (25) '8 @: I ., , I , 10 I I , I f)fly I I ~_I I "l ~ I' I C€/J~ I I , I , 21 20 I I , \ ~ Longmires Sub, Tract No. 1811 - M.S. 26/4 Tract No.I734- M.S. 26/13 ,.... b. /.J-. II r:;-7' ., , --' . ",A~ ~~ @ -"T .0 Lu ~ 2: Lu ~ Q:: Lu Z Q:: <[ (.:l wo' BLK -fa k 5.8. @