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CITY OF SAN BERNARDINO
Fi~e No. 15.06A-09
-R'Q"'EST FOR COUNCIL ACTION
Dept: Publ ic Works /Engineering
RECSD~n Resolution authorizing execution of
. HIJgr&E~nt of Sale for certain fixtures
19~8 srp 22 And improvements at. 2002 N. ~t. Vernon
L. t'M.,J.: e$>rmer West slde drop III c r)
from: ROGER G. HARDGRAVE, Director
Date: September 6, 1988
Synopsis of Previous Council action:
10-08-80
Resolution adopted authorizing the execution of a lease agreement
for 2002 N. Mt. Vernon Avenue.
Recommended motion:
Adopt Resolution
cc:
.Jim Robbins, Acting City Administrator ~
Jim Richardson, Deputy City Administrator/Deve.lopment
James t'p-nman, City Attorney
Ann i e Ramos, Director of Parks and Ree S gnature
Wayne Overstreet, Superintendent of Public Buildings
Les Fogassy
Phone:
5334
Contact person:
Supporting data attached: staff Report,Resolution, Agreement Ward:
, ~
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262
Agenda Item NO.--.2.!/-
CIT ~ OF SAN BERNARDIIIO - REQUEST FOR COUNCIL ACT.ON
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STAFF REPORT
On October 8, 1980 a resolution was adopted authorizing the execution of a lease
agreement with Tommie Lee and Washington J. Lewis for certain premises located at 2002
N. Mt. Vernon Avenue, for use by the City as the West side drop in center. .
That lease stated that any improvements and lor fixtures installed by the City would
remain property of the City upon termination of the lease. The City, during it's term
of said lease, had reconditioned the entire inside of the building and installed
handicapped restrooms, counter, heating/air conditioning system, painted the exterior
and constructed a parking lot in the rear of the building, all at a cost of
approximately $ 10,500.
On July 31, 1986, the lease agreement expired, but the City continued to lease the
premises on a month to month basis, in anticipation of relocating the facilities. On
or about the 3rd of August, 1988, the West side drop in Center was relocated to the
Enterprise building at 1505 W. Highland Avenue, and the owners of the property were
sent notice of termination of rent, effective August 31, 1988. The owners responded,
saying they would like to retain the improvements and fixtures installed by the City,
and offered the sum of Sl,OOO.OO to purchase said items.
The estimated cost of removing those items that are removable, is $2,500 to $3,000.
The value of those items removable is estimated at $1,000.
Since the cost of removal said items exceeds the value, it is recommended that the
attached resolution be adopted.
75-0264
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT OF SALE WITH TOMMIE LEWIS AND WASHINGTON J. LEWIS
RELATING TO CERTAIN FIXTURES AND IMPROVEMENTS AT 2002 NORTH MT. VERNON
AVENUE.
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 is hereby
7 authorized and directed to execute on behalf of said City, an Agreement of
8 Sale for improvements and fixtures installed by the said City at the
9 premises located 2002 North Mt. Vernon Avenue, a copy of which is attached
10 hereto, marked Exhibit "A" and incorporated herein by reference as fully as
11 though set forth at length.
12 I HEREBY CERTIFY that the foregoing resolution was duly adopted by
13 the Mayor and Common Council of the City of San Bernardino at a
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________________ meet ing
thereof
held
on the
day
of
15 ___------------' 19____, by the following vote, to-wit:
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AYES: Cound I Members _____________________________________________ .
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___________________________.____________________ I
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NAYS:
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ABSENT:
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City Clerk
The foregoing resolution is hereby approved this ___-_- da
of ' 19
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Evlyn Wilcox, Mayor
City of San Bernardino
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27 Approved as to form and legal content:
28 _"_6 :c,u ".I! ;'Z!::tkJ/YlP~A /~. J_____
C~rney~~~
/"\.r\I"rlnn
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AGREEMENT OF SALE
(Certain fixtures and improvements installed at 2002 N. Mt. Vernon Ave)
THIS AGREEMENT is made and entered into this _________ day of
___________________,1988, by and between TOMMIE LEWIS, an
individual, and WASHINGTON J. LEWIS, an individual, together referred
t.o as "Purchaser", and the CITY OF SAN BERNARDINO, a municipal
corporation, referred to as " Seller".
WIT N E SSE T H:
WHEREAS, the Seller and Purchaser entered into a lease
agreement dated the 14th day of November, 1980, for certain premises
located at. 2002 North Mt. Vernon Avenue, more fully described in said
lease, and
WHEREAS, pursuant to paragraph 6 of said lease, any and all
fixtures installed on the leased premises by the Seller shall remain
property of the the Seller and said fixtures may be removed by the
Seller at the Seller's expense upon termination of said lease, and
WHEREAS, the Seller has installed, or has caused to be
installed, at the Seller's expense, certain fixtures on the leased
premises including but not limited to a central air conditioning system
and counters, and
WHEREAS, said lease expired on July 31, 1986, the Seller
continued the use of said premises on a month to month rental, and
WHEREAS, the Seller, upon giving notice t.o Purchaser, has
vacated said premises, effective the 31st day of August, 1988, and
WHEREAS, the Direct.or of Public Works has determined that t.he
09/06/33
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EXHIBIT "A"
1 cost of removing said fixtures would exceed the value of said
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fixtures,and
WHEREAS, Purchaser has offered to the Seller, to purchase
said fixtures for the sum of ONE THOUSAND DOLLARS ($1,000.00),
NOW THEREFORE, in consideration of payment in the amourd of
ONE THOUSAND DOLLARS ($1,000.00) agreed to be paid to the Seller by
Purchaser, the parties mutually agree as follows:
1. All fixtures, improvements and appurtenances having been
installed by the Seller on said premises during the Seller's term of
lease and occupancy of said premises, are hereby sold to Purchaser, and
the Seller shall forever release all interest and O\mership of said
fixtures and improvements to Purchaser.
2. The Seller makes no warranties, written or implied, as to
the condition or usability of said fixtures, and it is understood that
all fixtures and improvements are sold to Purchaser in an "As-Is"
condition.
3. Purchaser shall hold the Seller, it's elective and
appointive boards, commissions, officers, agents and employees harmless
and defend from any liability for damage or claims for damage for
personal injury, including death, as well as from claims for property
damage which may arise from the Purchaser's use of said fixtures and
improvements.
IN WITNESS WHEREOF, the parties hereto have cansed thi.s
agreement to be executed and attested by their proper officers
thereunto duly authorized, and their official seals to be affixed as of
the day and year first above written.
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09/06/83
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ATTEST:
City Clerk
Approved as to form and legal content:
Q~~~
ttorney
"Seller"
CITY OF SAN BERNARDINO
By
Evlyn Wilcox, Mayor
City of San Bernardino
"Purchaser"
WASHINGTON 1. LEWIS
TOMMIE LEWIS
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