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I RESOLUTION NO. L-ZI
2 A RESOLUTION OF THE MAYOR AND COMMON'/COUNCIL OF THE CITY
OF SAN BERNARDTNO AUTHORIZING THE EXECUTION OF A LEASE BETWEEN
3 SAID CITY ?`ND U & I AUTO WRECKING AND VALLEY BODY AND WRECKING
AND BUDDY N . LONG AND ERNEST JACK JONES RELATING TO THE LEASING
4 OF LAND FOR A PERIOD OF TEN YEARS FOR LAND RECLAMATION PURPOSES.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS :
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SECTION 1. The Mayor of the City of San Bernardino is
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hereby authorized and directed to execute on behalf of said City
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a Lease between said City and U & I Auto Wrecking and Valley
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Body and Wrecking and Buddy N . Long and Ernest Jack Jones relat-
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ing to the leasing of land for a period of ten years for land
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reclamation purposes , a copy of which is attached hereto marked
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Exhibit "I" , and referred to and made a part hereof as fully
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as though set forth at length.
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1 I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
16 �
Bernardino at a7,/ vr meeting thereof
17I held on the! ?tet day of 1970 , by the following
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vote , to wit:
191
AYES : Councilmen
201
211 -T
NOES : ..
22
ABSENT
23
Vr
24 '
City Clerk
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The foregoing resolution is hereby approved this ,_'/ -day
26
of 1970 .
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28 Approved as to form:
29 Mayo " o t e ity of San``Bernardino
30i ty A orney
31 �
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,21111 1
l
j I
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L E A S E
2 (land recla-ination—Piano Ave.
3T3IS LEASE made and entered into at San Bernardino,
4 California, this day of
1970 , by and
5 between the City of San *Dernardino, a municipal corporation,
6 hereinafter called "Lessee" , and U & I Auto Wrecking and Valley
7 Body and Wrecking and Buddy rJ. Long and Ernest Jack Jones ,
8 as individuals, hereinafter called "Lessor" ,
9 � W I T N E S S E T H:
10 WHEREAS, the Lessor owns and operates an auto wrecking
business on land at 1435 Rialto Avenue, San Bernardino, Cali-
1211 fornia; and
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13 ' WHEREAS, Lessor desires to lease such land to Lessee
1411 for filling with concrete, asphalt and dirt for tan (10) years,
151 n
NOW, THEREFORE , the arties hereto do,
I - in consideration
16of the terms, covenants and conditions lie-rein contained, agree
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17 � as follows :
18i 1. Lessor does hereby lease to Lessee and Lessee does
19 hereby lease from Lessor all of that certain real property in the
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20 County of San Bernardino, State of California, described in the
21 legal description annexed hereto, la3331ed Exhibit "'A" and as
2211 shown on Map A and by reference made a part hereof.
231 2 . Term. 1111-1t,) 4-erm of this lease shall be for a Peri-.1,:1
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of ten (10) years commencing on April 1, 1970 and terminating
251 on March 31, 1980 , provided that Lessee may cancel this l
I ease i
2611 at any time by giving a thirty day written notice thereof to
27Lessor and such lease shall terminate thirty (30) days thereafter.
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2811
1 3 .' Use. Lessee shall use the leased Premises for
291 depositing concrete, asphalt, rocks , dirt and other materials
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301 1 obtained. from Pul"ilic v=ks uno.r the streets and other public
31I places in the City of San Bernardino or from other �,7ork projects
321 of the Street Denartment or of the Lessee or its contractors as1
may be authorized by the Street Superintendent of Lessee.
2i Lessee shall att-emnt to so fill the leased premises during the
31! term of this lease.
4 Lessor or his employees or agents s'.iall maintain, spread,
5 compact, grade and make level such deposits in a neat rand.
6 � presentable condition at its own expense at such --iIles w'len
71 the Premises are not being used by Lessee.
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81 Lessor may place vehicles or parts thereof on the leased
91
premises at such times and locations and under such conditions
101 as may be approved by the Street Superintendent of Lessee.
11 Lessee -f,,iay withdraw such permission at a-.-,,- ti-me. when there is
ip- I an interference with its operations and upon notification
13 � thereof by the Street Superint :rodent of Lessee, Lcqsor shall
14 immediately remove any or all of such vehicles or parts from
151 the leased premises.
16 When the leased preatises are filled with such derosits ,
171 a final level covering of at least one (1) foot of compacted
181, earth, sand or other approved material sTiall be placed on the
top of all completed and filled areas by Lessor in a manner and
201 at an elevation approved by the Street Superintendent of Lessee.
shall not be assigned by
2114 . Assiqi-mient `.'his Lease
221 Lessee without the written consent of Lessor.
23 5. Hold-Harmless Claus. The Lessor agrees to save
24 and keep harmless the Lessee fram any and all costs , expensesP
25 and damages , and any and all claims, de--eiands, or liability, on
26 account, or by reason of any act or omission, negligent or
27 otherwise, of the Lessor or any of its employees , and in the
28 event that any proceeding or suit is instituted against the
291 Lessee or any of its officers or agents on account , or arising
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301 out of , any such claim as here•in :mentioned , then the T,�.s so r
31 � shall defend the same at its oi.7n cost and expense and shall pay
321i
any judgment rendered therein against thn Lessee or any of its
-2-
Y `
OESCRIPTI )N FA PROPERTY SOUTH OF RIALTO AVENUE
-- - - - AND EAST OF ARTESIA STREET
1 That portion of Block "K", Murray and Payne's Sub-
2 division as per plat thereof recorded in Book 4 of Maps, page
3 27 and that portion of Lot 8, 3lock 66, Rancho San Bernardino
4 as per plat thereof recorded in Book 7 of Maps, pace 2 all of
5 records of the County Recorder of San Bernardino County, State
6 of California and that portion of Artesia Street, vacated, de-
4
7 scribed as follows
8 BEGINNING at the Northwest corner of Lot 81 Block "K"
9of said Murray and Payne's Subdivision; thence East along the
10l North line of Lots 8 and 9 of said 3lock "K" a distance of 100.00
11 feet to the Northeast corner of said Lot 9; thence South along
12 the East lire of said Lot 9, a distance of 150.00 feet to the
3.3 Southeast corner thereof; thence East along the South line of
14 said Block "K", a distance of 108.75 feet to a point which is
15 41 .25 feet West of the Southeast corner of Lot 12 of said flock
16I "Ye"; thence South and parallel with the West line of Lot 2 of
17 said Block "K" to a point which is 518 feet South of tht; South !
18 line of First Street (now Rialto Avenue) ; thence East to a point
19 on the West line of Lot 23, Block "J" of said hurray and Payne's
20 Subdivision, extended South; thence South to a point that would
21 intersect the South line of Lot 5, Block "I" of said Murray and
22 Payne's Subdivision, extended East; thence West to the Southeast
23 corner of Lot 5 of said Block "I"; thence Northwesterly along
24 the Easterly line of Lots 5, 3, 2 and 1 of Bleck "I" to Artesia
25 Street thence North to a poirt 518 feet South of the South line
26 of said First Street; thence West parallel with the South line j
27 of said Rialto Avenue, to the West lire of said Murray and Payne's
28 Subdivision; thence North alorg the West lire of ;aid Tract, a
29 distance of 353 feet to its intersection with the .lesterly ex-
30 tension :)f the North line of said Lot 8, 3lock "K" of said tract
31 map; thence East 41 .25 feet to the Point of 3eginning.
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