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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
~rom: James F. Penman
Subject: RESOLurICN OF THE CITY OF SAN BEmARDINO
AUrHORIZING THE EXEaJrICN OF IEASE AND GM'fl
OF FACADE EASEMENT BY AND BEl'WEE'L'I Ml'. VIEW
CEl'1ETERY OF SAN BElW\RDDlO AND THE CITY OF
SAN BERNARDllIO.
Dept: City Atto.rney
Date: July 29, 1992
Synopsis of Previous Council action:
;)irected preparation of Agreement.
(June 15, 1992)
Recommended motion:
Aflprove Resolution approving:
A. Agreement requiring reiroburserrent
or
B. Agree:nent not requiring reimbursanent
fl~
Contact person:
Dennis A. Barlow
Phone:
5355
Supporting data attached:
Ward:
FUNDING REOUIREMENTS:
Amount:
Source: (Acct, No,)
(Acct. DescriPtion)
Finance:
Council Notes:
Agenda Item No,
5-1
75-0262
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CITY OF SAN BER~RDINO - REQUEST O~R COUNCIL ACTION
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STAFF REPORT
In 1990 the former gate house at the Mountain View Cemetery
suffered significant fire damage. The owners and operators of the
Cemetery considered demolishing the structure, but Community
volunteers sought to restore and preserve this historical Moorish-
style building. By a lease dated January 3, 1991, the Cemetery
leased the building to the City for restoration purposes for a term
of ten years, Thereafter a dedicated team of volunteers
spearheaded by ,Janet Topoleski contributed time, labor and
materials to restore this San Bernardino landmark.
The Cemetery has now decided that it could put this structure
to beneficial use. At the direction of the Mayor and Common
Council the attached Cancellation of Lease and Grant of Facade
Easement was prepared. The document would allow for the
cancellation of the ten year lease (with 8 1/2 years remaining),
would provide for the completion of the restoration and would give
the City what is called a facade easement. This easement would
require that any change in the facade or outside of the structure
could only occur with the approval of the City, thereby preserving
this unique structure for the City,
Two options are provided: The first will require that the
donated time and materials be reimbursed and the second does not
contain such a requirement.
It is necessary that this item be placed on the Supplemental
Agenda for the meeting of the Mayor and Common Council for August
3, beoause the Council directed that such item be brought back on
that date, and in drafting the Agreement and putting together the
exhibits it was not possible to make the regular agenda.
75-0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF CANCELLATION OF LEASE AND GRANT OF FACADE EASEMENT BY
AND BETWEEN MT. VIEW CEMETERY OF SAN BERNARDINO AND THE CITY OF
SAN BERNARDINO.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor is hereby authorized and directed to
execute on behalf of said City a Cancellation of Lease and Grant
of Facade Easement by and between Mt. View Cemetery of San
Bernardino and the City of San Bernardino.
SECTION 2.
The authorization to execute the above-
referenced agreement is rescinded if the parties to the agreement
fail to execute it within sixty (60) days of the passage of this
resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
15 adopted by the Mayor and Common Council of the City of San
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Bernardino at a
meeting thereof, held on the
day of
, 1992, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF CANCELLATION OF LEASE AND GRANT OF FACADE EASEMENT BY
AND BETWEEN MT. VIEW CEMETERY OF SAN BERNARDINO AND THE CITY OF
SAN BERNARDINO.
The foregoing resolution is hereby approved this
of , 1992.
day
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
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CANCELLATION OF LEASE
AND GRANT OF FACADE EASEMENT
THIS CANCELLATION OF LEASE AND GRANT OF FACADE EASEMENT made
and entered into this day of 1992, by
and between Mt. View Cemetery of San Bernardino d/b/a Mt. View
Cemetery, a California Corporation, hereinafter called "Grantor"
and the City of San Bernardino, a Charter City of the State of
California, hereinafter called "Grantee,"
WITNESSETH:
WHEREAS, the parties entered into that certain lease of an
office building located at the southwest corner of that parcel of
land known as the Mountain View Cemetery, 302 E. Highland Avenue,
San Bernardino, California, dated January 3, 1991, and
WHEREAS, a great deal of time and materials were donated to
restore said office building as a unique community asset, and
WHEREAS, although nearly so, the restoration work is not yet
complete, and
WHEREAS, Grantor now desires to use said office building in
conjunction with its other operaticns, and
WHEREAS, Grantee is willing to allow the termination of the
aforesaid lease as long as the d0nated time and materials are
compensated for and as long as the community is assured of the
retention of this unique and historical structure,
NOW, THEREFORE, the parties hereto agree as follows:
1. Grantor is the owner of the land (the "Real Property")
described in Attachment "A" which Feal Property is improved with
a structure (the "Building"), more fully described in Attachment
"8. "
DA8!ses/Facade-2 agr
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2. Upon the payment of all amounts listed in Exhibit "CO
Grantee agrees to cancel the above described lease.
3. The Building is located in a high visibility location
and with its improved facade is an important asset to the City of
San Bernardino and its immediate neighborhood. The Grantor and
the community desire to preserve the improved facade and exterior
structure of the Building and further desire to provide for
necessary maintenance.
4. In consideration of the cancellation of the lease
provided for above and the mutual covenants and restrictions
hereinafter set forth and other good and valuable consideration,
receipt of which is hereby acknowledged, Grantor hereby does
grant, give, convey, bargain and sell unto Grantee, its successors
and assigns, irrevocably forever, a Facade Easement, in
perpetui ty, in and to the aforesa,-d Real Property, for the
purposes of preserving the new Facade and accomplishing the other
objectives set forth herein.
5. The terms of this Facade Easement are as follows:
A. Grantors Covenants. In furtherance of the Facade
Easement herein granted, Grantor covenants that:
(1) Demolition. Grantor shall not demolish,
remove or raze the Building or the Facade.
(2) Alteration. Without the written permission
of Grantee, executed by a duly authorized officer, which written
permission or refusal to grant such permission, including a
statement of reasons for refusal, shall be delivered to Grantor by
Grantee within thirty (30) days of receipt of Grantor's written
request for such approval, there shall be:
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(a) No partial demolition or removal of the
Building;
(b) No change in the Facade subject to the
Facade Easement, including no alteration, partial removal,
construction, remodeling or physical or structural change, or
change in color or surfacing with respect to the appearance or
construction of the Facade;
(c) No addition to the Facade, including
fences, awnings or signs;
( d) No expansion of the Building either
horizontally or vertically;
(e) No chemical cleaning or sandblasting of
the Facade.
(3) Maintenance. Grantor shall promptly perform
all necessary maintenance on the Facade to preserve its appearance
and structural soundness and to prevent its deterioration.
Without limiting the foregoing, Grantor shall maintain the
Building in accordance with all applicable building and fire codes
and shall keep the Building free of any violation of such codes.
(4) Specification of r1aterials. In providing its
written authorizations for work, Grantee may specify all
materials, methods, cleaning substances and colors to be used in
any such work.
(5) Casualty. In the event the Facade of the
building is damaged by explosion, fire, cOllision or any other
casual ty of any type whatsoever ("Casualty"), Grantor shall
restore the Facade of the Building to its condition immediately
preceding such casualty, subject to the provisions of any
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mortgages or trust deeds then encumbering the Real Property
concerning receipt and application of insurance proceeds. No
repairs or reconstruction of any type, other than emergency work
to prevent further damage or to protect public safety, shall be
undertaken by Grantor without the prior written approval of
Grantee, whic~ approval shall be given as provided in subparagraph
5(A)(2) above.
(6) Inspection. Representatives of Grantee shall
be permitted to inspect the Building at reasonable times upon
reasonable notice for the purpose of determining conformance with
this Facade Easement.
(7) Insurance. Grantor shall maintain in force
fire and liability insurance policies. The fire pOlicy shall be
adequate to provide for reconstruction of the Building. The
liability policy shall name the Grantee as a named additional
insured and shall provide for at least ten (10) days prior notice
of cancellation or reduction in coverage by the insurer to the
Grantee. A certificate of the insurer so providing shall be
delivered by Grantor to Grantee. Upon written request Grantee
shall be provided a copy of said insurance policies.
(8) Real Estate Taxes. Grantor shall promptly
pay all real estate taxes assessed and cevied against the Building
and the Real Property 01) or prior to the due date, provided,
however that Grantor may challenge any proposed levy of such taxes
if Grantor complies with all requirements of law necessary to
prevent the sale of the Real Property during the pendency of such
challenge.
III
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(9) Indemni ty. Grantor shall indemnify, hold
harmless and (upon request by Grantee) defend Grantee, its
officers agents and employees for any liability, costs, attorneys'
fees, judgments or expenses to Grantee resulting from actions or
claims of any nature by Third parties arising from the defaults
under this 'Facade Easement by Grantor, or arising out of the
conveyance, ownership, possession, or exercise of rights under
this Facade Easement (including any such costs and expenses
incurred by Grantee in connection with preserving the validity or
priori ty of this Facade Easement), excepting any such matters
arising solely from the negligence of Grantee.
( 10) Mechanics Liens. Grantor shall keep the Real
Property free from any mechanics liens. If any such liens are
placed against t~e Real Property, Grantor shall promptly cause
them to be released.
(11) At no cost to Grantee, Grantor shall complete
the currently unfinished improvements to the satisfaction of the
Building Inspectors of the City of San Bernardino.
B. Grantee's Remedies. In the event of a violation
of any provision of this Facade Easement, in addition to any
remedies now or hereafter provided by law,
(1) Grantee may, following reasonable notice to
Grantor, institute a suit for injunctive relief, specific
performance, or damages, or
(2) Representatives of Grantee may enter upon the
Real Property to correct any such violation, and hold Grantor and
Grantor's successors, heirs and assigns in title responsible for
the cost thereof, and such cost, until repaid, shall constitute,
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and may be recorded by the Grantee as, a lien on the Real
property.
In the event Grantor is adjudicated to have violated any of
Grantor's obligations herein, Grantor shall reimburse Grantee for
any costs or expenses incurred in connection with the enforcement
of its rights, including court costs and attorneys' fees. The
exercise by Grantee of one remedy hereunder shall not have the
effect of waiving any other remedy, and the failure to exercise
any remedy shall not have the effect of waiving the use of such
remedy at any other time.
C. Grantor's Remedies. Grantor's sole remedy in the
event of a failure by Grantee to perform any of its duties or
responsibilities herein contained shall be, if such failure shall
continue for ten (10) days after written notice thereof to
Grantee, to institute a suit for injunctive relief or specific
performance. Grantor hereby waives any claim or right for damages
resulting from such failure, and expressly acknowledges that any
such failure by Grantee shall in no way affect the validity of
this Facade Easement or any of the other covenants contained
herein.
D. Assignability. Grant~r agrees that Grantee may,
at its discretion, and without prior notice to Grantor, convey and
assign this Facade Easement to any entity authorized by California
Civil Code ~8l5.3, or successor statute, to hold such easements.
E. Duration. This Facade Easement shall be effective
in perpetuity.
F. Runs with the Land. The obligations imposed by
this Facade Easement shall be deemed to run as a binding servitude
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with the land. This instrument shall extend to and be binding
upon Grantor and all persons hereafter claiming under or through
Grantor, and the word "Grantor" when used herein shall include all
such persons. Anything contained herein to the contrary
notwithstanding, a person shall have no obligation pursuant to
this instrument after such person shall cease to have any interest
in the real property by reasons of a bona fide transfer for full
value.
G. Eminent domain. In the event that an eminent
domain proceeding is filed against any or all of the Real
Property, the Grantor and the Grantee agree that the Grantee may
appear as an additional party in the eminent domain proceeding and
may participate fully in the litigation for the purpose of proving
and recovering the damages caused to the Grantee by the eminent
domain action. ,In the event that an award is made in such
proceeding that does not allocate a portion for the damage or loss
to Grantee or assumes that this Facade Easement is not in effect,
Grantee shall be entitled to share in the award to the extent of
Fifty percent (50%) thereof, as to the portion of the award that
applies to the Building.
H. Statutory Authority. This grant of a Facade
Easement is made pursuant to California Civil Code ~8l5 et seq.,
but the invalidity of such Statute or any part thereof shall not
affect the validity and enforceability of this instrument
according to its terms, it being the intent of the parties that
this instrument constitutes a charitable trust, a preservation
restriction, a common-law easement in gross, and a restrictive
covenant.
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1.
Notices. Any notice called for herein shall be in
2 wri ting and deposited with the United States Postal Service
3 postage prepaid by registered or certified mail, return receipt
4 requested, and addressed as follows:
TO THE GRANTOR:
Mt. View Cemetery
P.O. Box 2018
San Bernardino, CA 92406
CC:
clo Service Corporation International
Legal Department
9885 Carroll Canyon Road
San Diego, CA 92131
TO THE GRANTEE:
City Administrator
300 N. "D" Street
San Bernardino, CA 92418
Each party may change its address set forth herein by
written notice to such effect to the other party. The failure to
serve a change of address notice shall not waive the notice
requirement.
Nothing in this paragraph shall be construed to prevent the
giving of notice by personal service.
J.
Compliance with applicable ordinances.
Nothing
contained herein shall be interpreted to authorize or permit
Grantor to violate any ordinance or applicable statute relating to
building materials, construction methods or use. In the event of
any conflict between any such ordinance or applicable statute and
the terms hereof, the ordinance or applicable statute shall
prevail, and the Grantor shall promptly notify Grantee of such
conflict and shall cooperate with Grantee and the City of San
Bernardino or other appropriate authority to accommodate the
purposes of both this instrument and such ordinance or applicable
statute.
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1 FACADE IMPROVEMENT AGREEMENT AND GRANT OF FACADE EASEMENT
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5.
A copy of this Facade Easement shall be recorded with
the County Recorder of the County of San Bernardino.
IN WITNESS WHEREOF the parties hereto have executed this
instrument on the day and date first above shown.
GRANTOR
MT. VIEW CEMETERY
BY:
BY:
GRANTEE
CITY OF SAN BERNARDINO
ATTEST:
BY:
CITY CLERK
BY:
W.R. HOLCOMB, MAYOR
APPROVED AS TO FORM
AND LEGAL CONTENT:
JAMES F. PENMAN,
CITY ATTORNEY
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STATE OF CALIFORNIA
DAB/ses/Facade-2.agr
COUNTY OF SAN BERNARDINO
, 1992, before me, the undersigned, a
in and for said State, personally appeared
, known to me (or proved to me on the basis of
evidence) to be the person( s) whose name( s) are
this instrument and acknowledged that (s)he executed
WITNESS my hand and official seal.
9 Notary Public in and for said State.
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On
Notary Public
satisfactory
subscribed to
the same.
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STATE OF CALIFORNIA
)
)ss.
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COUNTY OF SAN BERNARDINO
On this day of ,19 before me, the
undersigned, a Notary Public in and for said State, personally
appeared , known
to me (or proved to me on the basis of satisfactory evidence) to
be the person who executed this instrument as the Mayor of the
City of San Bernardino and acknowledged to me that the City of San
Bernardino executed it.
Signature of Notary Public
SEAL
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EXHIBIT A
That portion of Lot 8, Block 86, Rancho San Bernardino, per map
recorded in book 7 of maps, page 2, records of San Bernardino
County, California:
BEGINNING at a point on the centerline of Waterman Avenue 41.25
feet northerly of the intersection of Highland Avenue and Waterman
Avenue:
thence North 00 Degrees 07 Minutes 46 Seconds East a distance of
1659.41 feet to the projection of the north line of said Lot 8;
thence South 89 Degrees 38 Minutes 22 Seconds East along said line
a distance of 1359.29 feet;
thence South 00 Degrees 08 Minutes 37 Seconds West a distance of
1662.79 feet to the north line of Highland Avenue;
thence North 89 Degrees 29 Minutes 48 Seconds West along said line
a distance of 1358.90 feet to the POINT OF BEGINNING.
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1 EXHIBIT B
2 That certaiI1 Moorish-style building located at the northeast
corner of Highland Avenue and Waterman Avenue in the City of San
3 Bernardino of approximately 550 square feet.
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CANCELLATION OF LEASE
AND GRANT OF FACADE EASEMENT
THIS CANCELLATION OF LEASE AND GRANT OF FACADE EASEMENT made
and entered into this day of , 1992, by
and between Mt. View Cemetery of San Bernardino d/b/a Mt. View
Cemetery, a California Corporation, hereinafter called "Grantor"
and the City of San Bernardino, a Charter City of the State of
California, hereinafter called "Grantee,"
WITNESSETH:
WHEREAS, the parties entered into that certain lease of an
office building located at the southwest corner of that parcel of
land known as the Mountain View Cemetery, 302 E. Highland Avenue,
San Bernardino, California, dated January 3, 1991, and
WHEREAS, a great deal of time and materials were donated to
restore said office building as a unique community asset, and
WHEREAS, although nearly so, the restoration work is not yet
complete, and
WHEREAS, Grantor now desires to use said office building in
conjunction with its other operations, and
WHEREAS, Grantee is wllling'to allow the termination of the
aforesaid lease as long as the Gommuni ty is assured of the
retention of this unique and historic~l structure,
NOW, THEREFORE, the parties hereto agree as follows:
1. Grantor is the owner of the land (the "Real Property")
described in Attachment "A" which Real property is improved with
a structure (the "Building"), more fully described in Attachment
liB. "
/1/
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July 29, 1992
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2. The Building is located in a high visibility location
and with its improved facade is an important asset to the City of
San Bernardino and its immediate neighborhood. The Grantor and
the community desire to preserve the improved facade and exterior
structure of the Building and further desire to provide for
necessary maintenance.
3. In consideration of the cancellation of the lease
provided for above and the mutual covenants and restrictions
hereinafter set forth and other good and valuable consideration,
receipt of \olhich is hereby acknowledged, Grantor hereby does
grant, give, convey, bargain and sell unto Grantee, its successors
and assigns, irrevocably forever, a Facade Easement, in
perpetui ty , in and to the aforesaid Real Property, for the
purposes of preserving the new Facade and accomplishing the other
objectives set forth herein.
4. The terms of this Facade Easement are as follows:
A. Grantors Covenants. In furtherance of the Facade
Easement herein granted, Grantor covenants that:
(1) Demolition. Grantor shall not demolish,
remove or raze the Building or the Facade.
(2) Alteration. Without the written permission
of Grantee, executed by a duly authorized officer, which written
permission or refusal to grant such permission, including a
statement of reasons for refusal, shall be delivered to Grantor by
Grantee within thirty (30) days of receipt of Grantor's written
request for such approval, there shall be:
(a) No partial demolition or removal of the
Building;
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(b) No change in the Facade subject to the
Facade Easement, including no alteration, partial removal,
construction, remodeling or physical or structural change, or
change in color or surfacing with respect to the appearance or
construction of the Facade;
(c) No addition to the Facade, including
fences, awnings or signs;
(d) No expansion of the Building either
horizontally or vertically;
(e) No chemical cleaning or sandblasting of
the Facade.
(3) Maintenance. Grantor shall promptly perform
all necessary maintenance on the Facade to preserve its appearance
and structural soundness and to prevent its deterioration.
Without limiting the foregoing, Crantor shall maintain the
Building in accordance with all apl'. ;cable building and fire codes
and shall keep the Building free of any violation of such codes.
(4) Specification of t1aterials. In providing its
written authorizations for work, Grantee may specify all
materials, methods, cleaning substances and colors to be used in
any such work.
(5) Casualty. In the event the Facade of the
building is damaged by explosion, fire, collision or any other
casual ty of any type whatsoever (" Casual ty" ), Grantor shall
restore the Facade of the Building to its condition immediately
preceding such casualty, subject to the provisions of any
mortgages or trust deeds then encumbering the Real Property
concerning receip't and application of insurance proceeds. No
3 July 29. 1992
DAB/$es/Facade-3.agr
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repairs or reconstruction of any type, other than emergency work
to prevent further damage or to protect public safety, shall be
undertaken by Grantor without the prior written approval of
Grantee, which approval shall be given as provided in subparagraph
5(A)(2) above.
(6) Inspection. Representatives of Grantee shall
be permitted to inspect the Building at reasonable times upon
reasonable notice for the purpose of determining conformance with
this Facade Easement.
(7) Insurance. Grantor shall maintain in force
fire and liability insurance policies. The fire policy shall be
adequate to provide for reconstruction of the Building. The
liabili ty policy shall name the Grantee as a named additional
insured and shall provide for at least ten (10) days prior notice
of cancellation or reduction in coverage by the insurer to the
Grantee. A certificate of the insurer so providing shall be
delivered by Grantor to Grantee. Upon written request Grantee
shall be provided a copy of said insurance policies.
(8) Real Estate Taxes. Grantor shall promptly
pay all real estatE taxes assessed and levied against the Building
and the Real Property on or prior to the due date, provided,
however that Grantor may challenge any proposed levy of such taxes
if Grantor complies with all requirements of law necessary to
prevent the sale of the Real property during the pendency of such
challenge.
(9) Indemnity. Grantor shall indemnify, hold
harmless and (upon request by Grantee) defend Grantee, its
officers agents and employees for any liability, costs, attorneys'
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fees, judgments or expenses to Grantee resulting from actions or
claims of any nature by Third parties arising from the defaults
under this Facade Easement by Grantor, or arising out of the
conveyance, ownership, possession, or exercise of rights under
this Facade .Easement (including any such costs and expenses
incurred by Grantee in connection with preserving the validity or
priori ty of this Facade Easement), excepting any such matters
arising solely from the negligence of Grantee.
(10) Mechanics Liens. Grantor shall keep the Real
Property free from any mechanics liens. If any such liens are
placed against the Real Property, Grantor shall promptly cause
them to be released.
(11) At no cost to Grantee, Grantor shall complete
the currently unfinished improvements to the satisfaction of the
Building Inspectors of the City of San Bernardino.
B. Grantee's Remedies. In the event of a violation
of any provision of this Facade Easement, in addition to any
remedies now or hereafter provided by law,
(1) Grantee may, following reasonable notice to
Grantor, institute a suit for injunctive relief, specific
performance, or damages, or
(2) Representatives of Grantee may enter upon the
Real Property to correct any such violation, and hold Grantor and
Grantor's successors, heirs and assigns in title responsible for
the cost thereof, and such cost, until repaid, shall constitute,
and may be recorded by the Grantee as, a lien on the Real
Property.
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July 29. 1992
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In the event Grantor is adjudicated to have violated any of
Grantor's obligations herein, Grantor shall reimburse Grantee for
any costs or expenses incurred in connection with the enforcement
of its rights, including court costs and attorneys' fees. The
exercise by Grantee of one remedy hereunder shall not have the
effect of waiving any other remedy, and the failure to exercise
any remedy shall not have the effect of waiving the use of such
remedy at any other time.
c. Grantor's Remedies. Grantor's sole remedy in the
event of a failure by Grantee to perform any of its duties or
responsibilities herein contained shall be, if such failure shall
continue for ten ( 10 ) days after written notice thereof to
Grantee, to institute a suit for injunctive relief or specific
performance. Grantor hereby waives any claim or right for damages
resulting from such failure, and expressly acknowledges that any
such failure by Grantee shall in no way affect the validity of
this Facade Easement or any of the other covenants contained
herein.
D. Assignability. Grantor agrees that Grantee may,
at its discretion, and without prior notice to Grantor, convey and
assign this Facade Easement to any entity authorized by California
Civil Code ~8l5.3, or successor statute, to hold such easements.
E. Duration. This Facade Easement shall be effective
in perpetuity.
F. Runs with the Land. The obligations imposed by
this Facade Easement shall be deemed to run as a binding servitude
with the land. This instrument shall extend to and be binding
upon Grantor and all persons hereafter claiming under or through
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July 29. 1992
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Grantor, and the word "Grantor" when used herein shall include all
such persons. Anything contained herein to the contrary
notwithstanding, a person shall have no obligation pursuant to
this instrument after such person shall cease to have any interest
in the real property by reasons of a bona fide transfer for full
value.
G. Eminent domain. In the event that an eminent
domain proceeding is filed against any or all of the Real
Property, the Grantor and the Grantee agree that the Grantee may
appear as an additional party in the eminent domain proceeding and
may participate fully in the litigation for the purpose of proving
and recovering the damages caused to the Grantee by the eminent
domain action. In the event that an award is made in such
proceeding that does not allocate a portion for the damage or loss
to Grantee or assumes that this Facad9 Easement is not in effect,
Grantee shall be entitled to share in the award to the extent of
Fifty percent (50%) thereof, as to the portion of the award that
applies to the Building.
H. statutory Authority. This grant of a Facade
Easement is made pursuant to California Civil Code ~8l5 et seq.,
but the invalidity of such statute or any part thereof shall not
affect the validity and enforceability of this instrument
according to its terms, it being the intent of the parties that
this instrument constitutes a charitable trust, a preservation
restriction, a common-law easement in gross, and a restrictive
covenant.
1. Notices. Any notice called for herein $hall be in
wri ting and deposited with the United states Postal Service
DAB/ses/Facade-3.agr
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July 29. 1992
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1 postage prepaid by registered or certified mail, return receipt
2 requested, and addressed as follows:
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TO THE GRANTOR:
Mt. View Cemetery
P.O. Box 2018
San Bernardino, CA 92406
CC:
clo Service Corporation International
Legal Department
9885 Carroll Canyon Road
San Diego, CA 92131
TO THE GRANTEE:
City Administrator
300 N. "D" Street
San Bernardino, CA 92418
Each party may change its address set forth herein by
written notice to such effect to the other party. The failure to
serve a change of address notice shall not waive the notice
requirement.
Nothing in this paragraph shall be construed to prevent the
giving of notice by personal service.
J.
Compliance with applicable ordinances.
Nothing
contained herein shall be interpreted to authorize or permit
Grantor to violate any ordinance or applicable statute relating to
building materials, construction methods or use. In the event of
any conflict between any such ordinance or applicable statute and
the terms hereof, the ordinance or applicable statute shall
prevail, and the Grantor shall promptly notify Grantee of such
conflict and shall cooperate with Grantee and the City of San
Bernardino or other appropriate au"':hori ty to accommodate the
purposes of both this instrument and such ordinance or applicable
statute.
5.
A copy of this Facade Easement shall be recorded with
the County Recorder of the County of San Bernardino.
DAB/ses/Facade-3.agr
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July 29. 1992
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1 FACADE IMPROVEMENT AGREEMENT AND GRANT OF FACADE EASEMENT
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IN WITNESS ,WHEREOF the parties hereto have executed this
instrument on the day and date first above shown.
GRANTOR
MT. VIEW CEMETERY
BY:
BY:
GRANTEE
CITY OF SAN BERNARDINO
ATTEST:
BY:
CITY CLERK
BY:
W.R. HOLCOMB, MAYOR
APPROVED AS TO FORM
AND LEGAL CONTENT:
JAMES F. PENMAN,
CITY ATTORNEY
~)
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July 29. 1992
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STATE OF CALIFORNIA )
)ss.
COUNTY OF SAN BERNARDINO )
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On , 1992, before me, the undersigned, a
Notary Public in and for said State, personally appeared
, known to me (or proved to me on the basis of
satisfactory evidence) to be the person( s) whose name( s) are
subscribed to this instrument and acknowledged that (s)he executed
the same.
WITNESS my hand and official seal.
9 Notary Public in and for said State.
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July 29. "1992
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STATE OF CALIFORNIA
)
)ss.
)
COUNTY OF SAN BERNARDINO
On this day of , 19___ before me, the
undersigned, a Notary Public in and for said State, personally
appeared , known
to me (or proved to me on the basis of satisfactory evidence) to
be the person who executed this instrument as the Mayor of the
City of San Bernardino and acknowledged to me that the City of San
Bernardino executed it.
Signature of Notary Public
SEAL
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July 29. 1992
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EXHIBIT A
That portion of Lot 8, Block 86, Rancho San Bernardino, per map
recorded in book 7 of maps, page 2, records of San Bernardino
County, California:
BEGINNING at a point on the centerline of Waterman Avenue 41.25
feet northerly of the intersection of Highland Avenue and Waterman
Avenue:
thence North 00 Degrees 07 Minutes 46 Seconds East a distance of
1659.41 feet"to the projection of the north line of said Lot 8;
thence South 89 Degrees 38 Minutes 22 Seconds East along said line
a distance of 1359.29 feet;
thence South 00 Degrees 08 Minutes 37 Seconds West a distance of
1662.79 feet to the north line of Highland Avenue;
thence North 89 Degrees 29 Minutes 48 Seconds West along said line
a distance of 1358.90 feet to the POINT OF BEGINNING.
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EXHIBIT B
That certain Moorish-style building located at the northeast
1 corner of Highland Avenue and Waterman Avenue in the City of San
Bernardino of approximately 550 square feet.
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