HomeMy WebLinkAboutORD NO 2248ORDINANCE NO. 2248 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY
OF BAKERSFIELD APPROVING A FORMAL AGREE-
MENT RELATING TO A PUBLIC LEASEBACK, AND
THE EXECUTION THEREOF BY AND BETWEEN THE
CITY OF BAKERSFIELD AND THE CITY OF
BAKERSFIELD WATER FACILITIES CORPORATION.
WHEREAS, Government Code Section 54241 provides that no
public leaseback of any local agency shall be entered into until
the act of entering into a formal agreement with the public lease-
back corporation shall have been approved by such local agency by
ordinance which shall state that it is subject to provisions for
referendum applicable to such local agency; and
WHEREAS, the City Council of the City of Bakersfield
("City") desires to enter into a public leaseback with the City
of Bakersfield Water Facilities Corporation ("Corporation") for
the use by City of the Kern River Canal.
NOW, THEREFORE, BE IT ORDAINED by the Council of the
City of Bakersfield, as follows:
SECTION 1.
The Lease Agreement by and between the City and the
Corporation, which Agreement is a "public leaseback" as that
term is defined by Government Code Section 54240(b), is approved.
Three copies of said Agreement entitled "Kern River Canal Lease,"
('~greement") are on file with the City Clerk of the City.
SECTION 2.
Execution
The Mayor of the City is hereby authorized to execute,
and the City Clerk of the City is hereby authorized to. attest
said Agreement; provided, however, that the "base rent" required
by Section 3 of said Agreement does not exceed the amount specified
in Section 3 hereof.
SECTION 3.
Base Rent
The annual "base rent" required by Section 3 of said
Agreement shall not exceed $280,000.
to the
as the
SECTION 4.
Referendum
This ordinance shall be subject to referendum pursuant
provisions of the Elections Code of the State of California,
same relate to referendum.
SECTION 5.
This ordinance shall become effective thirty days from
and after the date of its passage.
.......... 000 ..........
I HEREBY CERTIFY that the foregoing ordinance was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on the 6th day of October, 1975, by the
following vote:
AYRES: COUNCILMEN 9ARTON, BLEECKER, CHRISTENSEN, MEDD£R~, ~, $CEALES, STRONG
N~S: COUNCiL~EN: ~ .~
CITy~.~ERK and ~, Officio Clerk of
Council of the (Yity of Bakersfield the
APPROVED this day of October, 1975
e City of Bakersfield
APPROVED as to form:
Pmof oY OCTOBER 3, 1975
BAKERSFIELD---6357
GALLEY I
Bowne of San Francisco, Inc., 981-7882
KERN RIVER CANAL LEASE
This Kern River Canal Lease, dated as of l)ecembcr 15, i975,
between CITY OF BAKERSFIELn WATER I~'AC[LITIES (~ORPORATIUN (h(q'ein
called the "Corporation"), as lossor, and the (~TV ~r B.~K~asrm~.~, a
municipal corporation organized and existing undor and hy virtue
of its charter and the laws of the State of California (herein called
the "City"), as lessee;
WITNESSETH :
In consideration of the mutual covehautE hereinafter contained,
the parties hereto agree as follows:
SECTraN 1. Defi~titiom~.
Unless the context otherwise l'mluircs, the terms defined in this
section shall, for all purposes of this leas% have the meanings here-
in specified, the foilewing (lefinitiuns to be equally applicabl~? to
both the ~ingular and plm'al forms of any of the terms herein
defined:
The tm'm "Bonds" lncan~ lhe ~'ity of Bakersfield Water Facil-
ities Corporation 1975 Leas~hohl Mortgag.~ Borate issued hy the .,'or-
poration and authorized umhq' and sccurt.d by the Indenture, and
any other indci)tedness incurr~.d by the ('orporation to financo the
acquisition of the l)eufised Premises.
The t.rm "Demised l'rmnises" m.,ans that certain real prop~
erty situated in the County of Kern. State of ('alifornia, described
in Exhibit A attached hereto aud mmh~ a part hereof (subject. how-
ever, to any conditions or i'esot'vations of rceor(I or known to tile
City), together with all improvmnenls and water supply and trans-
mission facilities located thereon. including canal facilities, pipe-
lines, pumping facilities, diversion facilities and rolated facilities,
but exeludlng water rights and ontitlement~.
The term "Indenture" moans the imlonture, dated as of Decem-
ber 15, 1975, between the ('orporatiol~ and the Trustee. as m'iginally
executed or as i¢ may front time to time he supplemejtted or amcmled
by any supplemental indeutur{. entered into pursuant to the pro-
visions thereof.
The .term "Tru~4ee" meaas the trustee und-r aad as (leftned
the Indent.re.
SECTION 2.
The Corpm'ation hereby leaso~ t,, the City and the City }.q'ehy
hires front t}t~ Corpuratim~. m~ the terms and c.nditiun~ hor~.iuafter
set forth, the Demised Premis~'s.
The term uf this lease shall commence on lhe (h;te of recorda-
tion of this lease in the office of the County Rccol(ter of Kern
P~eof ef OCTOB£1t 3, 1976
BAKERSFIELD--6357
GALLEY 2
Bowne of San Francisco, Inc., 981-7882
County, State of California, or on August 1, 1976, whichever ix
earlier, and shall end on July 31, 2006, unless such term is extended
or sooner terminated as hereinafter provided. The City will take
possession of the Demised Premises upon commencement of this
lease, and the first payment of rental shall be due on August 1, 1976,
as provided in section 3 hereof.
If on July 31, 2006, th{, Bonds shall not be fully paid and
retired, or if the rental payable hereunder shall have beeu abated
at any time and for any reason, lhen the term of this lease shall
be extend~d until ten (10) days after all Bonds shall bc fully paid
and retired, except that the term of this lease shall in no event
be extendod beyond July 31, 2011. If prior to July 31, 2006 all
Bonds shall I)e fully paid and retir{~d, the term of this lease shall
end ten (10) days thereafter or ten (10) days after written notice
by the City to the Corporation. whichever is earlier.
Sm'Tm~- 3. Re~ztetl.
The City agroes to pay to the (_!oi'poration, its successors or
assigns, as rental for th{~ use and occupancy of the Demised Prem-
ises, the fnllowing amonnts at the times and in the manner s~,t fo~h
herein (bnt subject to the pr,~visions of sections 2, 12, 20 and 24
hereof):
(a) B~se Rental. The Uity shall lmy to the Corporati~n as
a base rental (herein called the "Base Rental"), semiannnally,
the amount of ()ne Hundred Forty Thousand Dollars ($140,0(}0)
on August l, 1976 and on t. ach F~'bruat'y I and August l there-
after to and including February 1, 2006, or, if the term of this
lease shall have been extm~d+,d Imrsmmt to section 2 herenf,
continuing to and inelmling tht, date of t{.rmiuation of this h:'ase.
Each semiannual payment of Base Rental shall be for the use of
the Demised Premises for the six-month period commencing on
the first day of the month in which such rental is due.
(b) Additiomd Re,tal. The~ City shall also pay to the
{'orporatiofi, as rental hereraider in additit)n to the foregoing
Base Rental (herein called the "Additimml Rental"), snch
amonnts in each )'oar as shall be r~,quired by the Corporation for
the payment of th{. lollowing':
{1) A]I taxes and ass~ssments of any type or nature
charged to the Corporation or tho Trustee affecting t~t.
Demised Premises or tho respeetivo interests or estates of
th,, City or the Corl~m'ation or the Trustee thereiu, ~r aftoct-
ing the amonnt available t,~ the Corporation from rentals
Pflof o~ OCTOBER 3. 1975
BAKERS FIELD---6357
GALLEY 3
Bowne of San Francisco, Inc., 981-7882
received hereunder for the retirement of the Bonds (includ-
ing taxes or assessments assessed or levied hy any govern-
mental agency or district having power to levy taxes or
assessments); and
(2) All administrative costs of the Corporation related
to the Demised Premises and the Bonds. including, without
l~iting the generality of the foregoing, salaries and wages
of employees, all expenses, compensation and indemnifica-
tion of the Trustee payable by the Corporation under the
Indenture, fees of auditors, accountants, attorneys or
engineers, and all other necessary administrative costs of
the Corporation or charges required to he paid by it in order
to maintain its existence or to comply with the temps of
the Bonds or of the Indenture.
Such Additional Rental shall he billed to the City hy the
Corporation or the Trustee from time to time. together with a
statement certifying that the amount billed has been paid by the
Corpnration or hy the Trustee ou behalf ,ff the Corporatiou, for
one or more of the itoms above described, or that sneh amount
is then payable by the Corporation or the Truste~* for such
items. Following commencenwnt of the rental due hereunder,
amounts so billed shall be paid hy th,. City within ten (10) days
after receipt of the bill by the City.
Sueh payments of Base Rental aud Additional Rental for each
rental payment period during the term nf this lease shall constitute
the total rental for said rental payment period, and shall be paid
by the City in ea(.b rental payment period for and in consideration
of the right of the use and oc('ulumcy of, and the continued quiet
use and enjoyment of, the Demised ['remises during each such period
for which said rental is to he paid. The parties hereto have agreed
and determined that such total rental represents t}le fair rental value
of the Demised Premises. In making such dt]t~,rmination, considera-
tion has b~en Wen to costs of acquisition and financing of the De-
raised Premises, other obligations of the parties under this lease,
the uses and pro'poses which may be served hy the l)mnised Premises
and the hmmfits therefrom which wdl accrue to the City and the
general imblie.
Eadh installme~t of reutaI payable herounder shall he lmid in
lawful money of the United States of Am~*rica to or upon the order
of the Uorl~oration at the principal nfiiee of the Trustee in i~os
geles, California, or such other plat,, as the Corporation shall (tesig-
nate. Any such mstalbnent of rental accruing betemptier which shall
not be paid when due shall hear interest at the rate of ,qght l)er eent
(85';) per annum from the date wh,m the same is ,lu~· hereunder uutil
the same Mmll be lmid. N~,twithstandmg any disIrate between the
Corporation and the City, the ('ity shall make all rental payments
OCTOBER 3, 1975
BAKERSFIELD--6357
Bowne of San Francisco, Inc., 981-7882
GALLEY 4
when due and shall not withhold any rental imYments pending the
final resolution of such disirate. In the event of a determination that
the City was not liable for said rental pay~nents or any portton
thereof, said payments or excess of payments, as file ease may be,
shall be credited against subsequent rental payments due hereunder
or refunded at the time of such deternfination.
The City covenauts to take such action as nmy be uecessaD,
to include all such rental payments due hereunder in its annual
budget and to make the necessary annual appropriations for all such
renal payments. The ('ity will furnish to the ('orporation and
the Trustee eopies of each proposed and final budget of the City
~thin ten (10) days after the filing or adoption thereof. The cove-
nants on the part of the l'ity herein contained shall be deemed to
be and shall be construed to be duties imposed by htw and it shall
be the duty of each and every public official of the ('ity to take
such action and do such things as are required by law in the per-
formante of the official duty of sm)h officials to enable the City to
carry out and perform the tort.haters and a~reements in this lease
agreed to be carried out and I,erfo~ed by the City.
S~;cTl. N 4. ¢'Ontl,lia~u'e tcilb .19rectacut.
The ('it.;' agrees to cOlnl)lY with all of the terns, covenants and
conditions to be performed or eomtfiit'd with hy it pursuant to that
Agroenwnt. dated ........................... 1975, between the City. the
Corporation, Tenneco West, hn'., Kern Island Water Company, and
Kern Rivt'r Canal and Irrigating Company.
Szc~xos 5. Mointenancc o~d Utilities.
Throughout the term of thi~ lease, as part of the consideration
for the rental of the Demised Premises, all maintenance and repair
of the Demised Premi~e~ shall he the responsibility of the City,
and the City shall pay for m' o,O~erwis*. arrange for the payment
of all utility services shpplied to the Demised Premises, which
shall include without limitation ja.itor ~ervice, power, gas, tele-
phone, light, heatlug, water, security service, garbage and refuse
removal and all other utility serviee~, and shall pay.~or or olher-
~4se arrange for tin, payment of the cost of the repair and replace-
or want of care on the part of the ('ity or any assignee or suhlessee
thereof. In exchange for t}n~ rentals herein provided. the Corpora-
tion agrees to provide only the Demised ['rendsos. The (qty waives
the benefits of subsections 1 aml 2 of section 1932 of the ('alifornia
Civil Code, hut such waiver shall not limit any of the rights of the
City under the terms of this
P~ef e~ OCTOOER 3, 1975
BAKERSFIELD--oC,57
Bowne of San Francisco, Inc., 981-7882
GALLEY 5
Ssc~oN 6. Changes to Demised Premises.
The City shall have the right during the term of this lease
to make alterations or improvements or to attach fixtures, structures
or signs to the Demised Premises if said alterations, improvements,
fixtures, structures and signs are necessary or beneficial for the
use of the Demised Premises by the City.
Upon termination of this lease, the City may remove any
fixture or sign added hy the City, hut such removal shall t)e ac-
complished su as to leave the l)emised Premises, except for ordinary
wear and tear, in substantially the same condition as it was in t)et'ore
the fixture or sign was attaehed.
Sgc~r~oN 7. Fire, F. xtended Uotwr~tge and Earthquake Insur.nce.
The City shall procure m' cause to he procured and maintain
or cause to be maintained throughout the term of this lease, insur-
ance against loss or damage to any buildings constituting any part
of the Demised Premises hy fire and lightning, with extended cover-
age, vandalism aud malieious misehief insuranc% and earthquake
insurance (but as to such earthquake insurance only if such insur-
ance is available on the open market from reptttahle insnrunce com-
panies). Said extended (.overage insurane. shall. as nearly as prac-
ticable, cover loss or damage by exphmion, windstorm, riot, aircraft,
vehicle danrage, smoke and such other hazards as are normally
covered by such insurance. Such insurance shall be in an amount
~ual tn the reldaemnent co.t (without d.duction for depreciation)
of all buildings eonstituting any part of the Demised l'remises. ex-
cluding the cost of excavations, of grading and filliug, and of the
land (except that sm,h earlhquake insurance umy he subject to a
deductible clause of not t{, exceed either (at ten per cent of said
rel~laeement cost for any one loss (b) or the lesser of 100,01~) or the
amount in any Reserve Fund established m~der the hntenture which
is in ex(,ess of one-half (t,,5) of Maximtun Annual l)oht Service
such te~ is defined in the [ndenlure), and exeept that such other
insurance umy be 'subject to dedm'tible elauses for any one loss of
not to exe-ed thv lesser' pf $111().t~a) or l[)(~ am(rant in any said Re-
serve Fm~d which is in excess of one-half (~:~) of said Maximum
Annual D-ht Service), or, in the alternative, s}mll he in an amount
and in a form :mffieie~lt (t,)g.th?r with moneys in the Reserve 9'nml
ei'qated under the .Indenture and available for the purpnse), in the
event of total or partial loss, to emthle the Corporation either to
retire all Bonds then outstanding or to restore such buildings to
the condition .xisting hef,~r~, such loss.
Src'rms 8. Li(tbilit.q l.s.r~tncc.
The I*ity shall procare. and maintain throughout the term of
this lease, a standard eompreh.nsive general liability (inchiding
automobile liability) insurance policy or policies in protection of
the Corporalion and its member% directors, officers, agents and
hf ef OCTOBER 3. 1975
BAKERSFIELD--6357
GALLEY 6,
Bowne of San Francisco, Inc., 981-7882
employees and the Trustee, indemnifying said parties against all
direct or contingent loss or liability for damages for personal
injury, death or property damage occasioned by reason of the
operation of the Demised Prpmises, with ndnimum liability limits
of $5,000,000 for personal injury or death of each person and
$10,000,000 for personal injury or deaths of two or more persons
in each accident or event, and in a mioimum amount of $200,000
(subject to a deductible clause of not to exceed $5,000) for dmnage
to properly resulting from each accident or event. Such public
llability and property damage insurance may, however, tie in the
form of a single lindt policy in the amount of $10,000,000 covering
all such risks. Such liability insurance may be maintained as part
of or in cm~junction with any other liability insurance carried by
the City.
SscTms 9. Rent.l Interruption or Use and Occupancy
Insura~we.
The City shall procure, and maintain throughout the term of
this lease, rental intel'ruption or use and occupancy insurance to
cover loss, total or partial, of lhe rental income from or the use of
each building constituting any part of the Demised Premises as
the result of any of the hazards covered by the insurance required
by section 7 hereof, in an amount su~eient to pay the part of the
total rent hereunder attributable lo said building (determined hy
reference lo the proportion which th. acquisition cost of such build-
ing bears to the acquisition cost of the Denfised Premises) for a
period of at least the time originally allowed for construction of
such building plus three (3) months. except that such insm'ance
may be subject to a deductible clause of not to exceed the aggregate
total rental attributabh. 1o bniblings and payable during the first
thirty (30) days of any loss and except that such insurance need
be maintained as to the peril of earlbquake only if such insurauee
is availabh, on the open market from repulabte insurance companies.
Ssc~rto,~ 10. lns.r,..'e Proceeds; Form of Polit:ies.
All policies of insuran,'e required h) sections 7 and 9 hereof
shall p?vide that all In'ocecds thereunder shall be fayable to the
Trustee .pursuant tq a lender's loss payable endorsemenl substan-
tially in accordance with the form approved by the lnsurauee ~erv-
ices ()~ce amt the CMif,,:'nia Bank~rs A~s:,c~ation. l'he l'ru~tec slyall
collect, adj.st and re~.eive all mon,.y. which may becomp due and
payable tamer any sueb polMes. may ~'omprmnise any and all claims
thereunder and shall apply the I,ro~'eeds of sneb insm'anee as pro-
vided in tie' Indentore. All I.dieies of insurance required hy this
lease shall be in fo~ satisfactory to the Trustee and shall provide
that the Trustee shall b. given thirty (30) days' notice of each ex-
Proot o~ OCTOBER 3, 1975
BAKEI4SFIELI)~6357
Bowre- of San Francisco, Inc., 981-788~
GALLEY 7---
piration thereof m' any initruled cancellation thereof or redm.tion of
the caverage provided therelay. The Trustee shall not be responsible
for the sufficiency of any insm'anee herein reqaired and shall I)e fully
protected in a('et,J~ing payn~ent ozl ttcoatHlt of sHoh iHstll*altot~ OF at/y
adjustnl{mt, ~'onq,romisc or seHh'ment of all? iOSs a~'l'(~t,d to }iv the
Trustee. The City shall pay when (hw the l}r~'mitnus for all iasnr-
anee policies required }}5 Ibis It, as,.. and shall pro~nptly farnish evi-
denec ~}1' such payments to the (!orporation and the Truste*,.
Sl.x"ri~,x 1l. Defaldl.
(a) If' the City shall fail to pay any rental payable hereunder
whm~ the same becomes due and payable, time being expressly
elated to be of the essence of this h,as,~, m' the City shall fail to keela
OBSeFVe OF l~pt'fot'~11 all? othoF ~Pl'~l~ Covp~lltnt or condition cont;tined
herein to 1.' kept m' performed by the City, o,' II[}Oll the happening
of any of the events Sl)ccifi~d in stfi,seetion (b) of this s¢.ction, the
City shall be deemed to h,. in default hereunder and it shall be lawful
for the Corl~oratio,~ t, eXCl'eise all? and all remedies available pnr-
stroh[ to law or granted i,ursuant to this lease. [tl;On any such defaalt,
the Corporatimu in addition lo all other rights and reinedlos it may
have at law, shall have the optio,, to do ~, '[)r ~} f the h,llaxving:
(1) To terrainaft. this lease in the 1111tllllOl' hereimtfter pro-
vialed on a(.(.omtt of del'aalt by th*~ City, notwithstanding any
re-entry or rodelling of the Demised Premises as hereinafter
IWox'ided fro' in sul)lntragralfi~ (2) her,.o[, aml lo re-entel' the
J)elnis~'d I~rea~ises and remove all l>ersons in iressession thereof
and all i~crsonal l,rOl>m'ty whatsoever siluatod upon lhe l)mnised
/}I'i'111i>CS aIId place sttc}t I}('rsmml l)rOla, rty in StOl'ilg'l~ ill ally
wart,hotxse Or Ot}l~q' sailnbh' ld;tct, in the (~otlnty of Kern, N{ate
of (~aJil'ornia. In the ex,'nl o1' such tt,t'tnination, the ('ity
to SIIl'Fpltdpl' immediatoly l,Ossossion of the ])emis,.d l'rentises,
withm,t l,.t (,r himh'am~(., am{ to pay the (*(>rimration all dam-
ages m'~'(,veraJd(. at law t}mt the ('m'l,oration may incre' by
I'PlI8OII OJ' defaltlt b5 the ('ity, ira.lading, without limitation, any
('osts, ]{}ss or da[aag'e whalsoevt,r arising (nit of, in
with, or inei(h,nt t(, any sm'h re-~,ntr3 Ul,On the l),,mised Prem-
ises and removal and sto)'ag'(, of' such i)rol)erty I))- the Corl)o-
r;ttioa ov its duly authoriz,,d ag'en~s in accordance with
l)rOViSmns h(,rt,in eontain(,(]. Neither notit'e to [)a? rent or to
tO law IiOF all}' ('11{I'5' of )'('-('llIl'5' })5' )ho ('Orl)oration nor ally
(','eding in unlawful delaim, r, ov otherwist., brought })y the Col
t)(n'afion for the I)m'l)os(, (,f ('ff(,eling such r('-ent['v or
i,osses>~ion o)' th(' lh'mis('d I'remis(,s nor llle al)l)oiatment of
l)oralion's interest under )}ils I,,as,, shall of ilself Ol)*,rat(, t-
Proof of OCTOaER 3, 1975
BAKERSFII£[ ,1)--6357
131)wn{, of San Francisco, Inc., 981-7882
GALLEY 8---
ternlinato this ]east., and no ttq'lllill;tlioll of lhis lease on account
of dr,fault by the (qty shall be or Iwcmne effective by oper:tlion
until the (Mrl)oration shah haxe g'ivpn written re)lice to tlw City
of the eh,ction on lhe part of the (~orporathm to terminate this
lease. '1%' City I'oVOll;tlltN &lll(l ;t~'l'O¢s that lIO SnlTendel' o]¢ tilt'
])(,lnised Pr('ntis(,s 4)i' of tilt' rcnmh~(ler ()f the t(q')ll ]Hq'('Of 01'
an)T t~'rmination of this leas(' shall be valid in any nmnn(q'
for any imrl)(,se W}IiII~OCVPI' IllI[OSS stat(,d or aceel~t(,d by the
(k)rl)orati(m ])v such xx J'ithq~
(2) Without terminating' this h,aso, (i) to collect ead~ in-
stal[lliplll of l't'llt ;Is ~1 })('(*olIle~ dlt(' ;1111[ ('11['OF('O ttll)' otJl(q'
or provision hercol to be kcld (,r performed hv the Cily or
(ii) to exm'eise any amt all rix}tts of pnh'y an, I re cutry Ul)On
the ])cnliscd I)renlises. In the ('VOlIt the Corporation does not
(,lee(h) terlltinate this lease in lilt, IIlallllel' i)rovided for ill Sllt)-
par;tgraph (1) h(,re()f, th(, City shall )'enmin ]ial)le anti a~r('es to
k('('[) ()F ])ol'fol'm ltII {'ovt, llallts }tll(] conditions }lOft, ill
to 1)(, k('id or !)(,)'f()rm('d hy tilt, (qly and, il' the [)enlis,'d ]>reln-
ist,s is n()t )'edet. t() })a3 the Rdl amount o1' the r(mt h) the
the (t,l'tll ,)]' this It,as(, o1', in tim (,xtq/t that the Demised Premises
is rc-I('t, to pay any d(qM('n('v in r,m( that results thtq'et'rom; and
furt]t(')' ngv(,(.s to pay s:li(l reid aml, ov rent (h,ficit,n('y
at tin, sam(' tiHlt, all(1 ill 1]lt, s;[1111, 11111IIllt'F its htq't'ill;t})ov(' pl'O-
vidt'([ For (he ]royrot. lit of rent ht, rt'nn(h'r (without at'toleration).
nolw[thst:niding' lhc [aut that tht' ('Ol'[)01'atioll lit;t)' }I~LVO feet'ired
in ])rex ions y('a)'s of llllt)' )'('('PiX(' (ht,rt.al't(,r i~} substi(ltl(qd years
rental in (.xccss oF lb(' rental ht'r,,in Sl)m'ified. and m)twithst:'md-
ing any entry or re-curry hx th(, ('orl)m'ati(m o)' suit in Imlawftd
{h,tain,,r. m' ()lh(q'wis('. })rmtg'hI by the' ('orl)()ration for lhe
l)OSe (d' elT(,('ti)~g' sm'h re cnh') m' obtaining' possession o[ the
I)emis,'d Premises. Sh(.uld Ihe ('orl)oration (.h,ct to re-cnt('r
herehi l)rovided, Ihe City hereby irrcXoca})ly al)l)t,ints the Col
I)Oratimt ~s the ag'cnt ~md ath)rn(,y in-I'ac( of (h(, City 1<) re-hd
the I)(.mi~(,(l Premises. m' nny l)a)t theycol', f'rom time to
ltfl(l ('o)t([itiOllS HIld J'()l' 8tt('h Ils(' alld [)pl'i()d ils t]l('
111113- dp('lll a(lx'isahh, ;IFt(l to I'tqltOVl' ~l]l ])(q'NOIIS ill ])OSS('SSiOll
lh(,rt'of and all pt.rs(raM i)r(q)ert5 whMsocver sitmttcd upon the
I)(,mis(,d Prcmis(,s and to i,Im,e such [)(?l'SOIl;ll i)r.)l)Crty in stozagc
i~) :~l,y w.~r'(,h~,q~(, o)' ~)ti),'v >mitahh, ldm,o it) t}n, (%*ndy
Kern, Sial(, of (Sdit'ornia, [or the m'coun( of and ~tt lhe exi)ense
of the (qly, anti lb(, ('ity }l('l'pl)y OX('IIII)IS and ;lgreps 1o save
11lll'1111('ss t}tl' ('orporalion fl'OIll any (,oats, loss or dlttnage what-
s(..v(,r a)'isin~ out of. in conn(,ction with. m' incident to any
Proof of (}CTOB£1t 3, 1975
BAKEIlS FIEI.D---6357
Bowre, of San Francisco, Inc., 9.ql-78S2
(;ALLEY
rentoval and .stor}tgc of such property by lhe (~orporat[on or
its duly authorized agents in accordance wilh the provisions
herein contained. The (5ty agrm,s that tllt~ terms of this lease
conslitute full and suflicient notice of the right of the
poratim~ to redel the Ihqni~ed Premises in the event of such
re-entry witlmut eftcoting a sluq'cnder of this lease, and further
agrees that no acts o[' lhe ('orpm'ation in eftcoting such
letting shall constitute a surfentire' or termination of this lease
irrespective of the use or tim term for which such re-letting is
madt, or the terms lind conditions of such re-letting, or other-
wise, but that, on the 0OlHDu'y, in the event of such default
hy the (qty the right to terminate this lease shall vesl in rite
('orporation to h,~ {qfected in the sole aml ,,xelusive manner
provided for in snbparagraph (1) hereof. The (!ity further
waives the right to any reBlal obtained by tilt, ('orpora(ion in
exee:qs of the l'en~al herein specified and hereby conveys and
releases such excess 1o the ('Orlml'ation as compensation to the
Corpm'ation for its services in re letting' the Demised Premises
or any part (her~of. The ('it>' t'urther agr{,es to pay to the Cm'-
potation the cost of any alle~afions or additions to the l)cmised
Premist,s or any part thereof necessary to place the l)cmised
1)remises or any part thereo[' in condition for re-letting' imme-
diately upon notice to tim ('ity of the coml>letion and iimtalla-
lion of such addi{imm or alterations.
Ti~e {'ily luq'eby waives any and all claims for d:mmges caused
m' which may be caused by the (*orporation in re-entering and
takiug p,}ssession of the Demised Premises as herein provided and
all claims for damages that may result from the destruction of or
injury ti, lb(, ])emisml ])ri.mises and all claims for damages to or
loss of any proptq'ty bolon~ing tr) lhe ('ity, m' itlly oilier person,
that ma> he in or upon the. lh.ntlsed lh'e,nises.
[,;ach and all of thv re,re'dies given to tim ('orporation he,'e-
the exercise of m~e r[g'hl or r('ntedy shall not impair the rig'ht oJ'
the (~orpm'ation lo any or all other remedies. The term "re-let" or
"re Ictti~g" as used in this scctim~ shah inchMe, hut not be limited
to, rc-h41ing' by means of the op,q'ation hy the {kn'poration of the
Demised Prmnises. It~ any slatuh~ m' rule of the law validly shall
limit the rerumties given Io dm ("orporatirm heretrader, the Uor
potation nevertheless shall bu entitled to whatever remedies are
alloxvai}le under ;ill)' statute or Ft;h, o[' law.
In the ,,vent the ('Orl)m'alion shall pl'exrail ill ally action In'ought
to enforce any of the 1ol'111s illIll provisions of this lease, the (Sty
ineurr,'d hy ihe (!orporaiion in alh.mpting to eriEore,, any of the
remedies avaihtble to} the (!or]ml';fiii,n ]lel'ellll~lel', whather ()F 11o(
lawsuit has been filed and whetlief or llo( any lawstilt enhninates
in a judgment.
BA K E RS 1vl E l· 1)--6357
Bowrio of Sau Francisco. lno., 981-7889
(;ALLEY 10 ....
(b) If (1) the ('ity's inNq'(,sl ilJ lhis lease or any part theft,of
lu, assigm,d or {railS[el'red withonl lhe writton consent of the
(?Orlmralion, eith.r voluntarily or by operation of law or otherwise,
.]' if (2) lb. ('ity m' a.y assigm'c shall tih, any petilion or insli-
illtO ally l),'oce~.ling umhq' the Bauk~ul~tey Ae(, cilhvr as such Act
be enaetvd, or under any act (u' acts, stale or federal, dmlling wilh
or reinling to lb(, sub.jecl or st]bj(,(qs (ff ba]d~ruI,tcy or h~soh'eney,
oI' I]Dd¢l' Jill}' HllllqldlllOll~ Of 811('h ;Igt oF ~l('ts, either as a bankrupt
OF W}/Ol'Ob? 1110 City asks m' seeks m' prays to be mljt~dieated a
bankrupt, or is to be disc}mrgcd from any or all of the (}ity's debts
or obligations, or offers t. t}~(. tqty's creditors to eff¢~ct a eomposi-
tim) or extension (,f tin.' 1o pay Ow (Sty's (h,l)ts or asks, seeks or
lH'a)~s ~'ol a t'oorg'aIlizalio/l of ~o (,['f('('{ ~t plall Of )'t'ot'g'allizatioll, o1'
for a r(mdjustment of file ('ity's d,'bts, or f(,r any other similar
relief, or if any such ))('lition or il~ airy such proceedings o[ the
sam(. or similar kind (,r charach.r I~. fih'd or [)o instituted or
against the City, o)' if a r(,eeivtq' (,[ the business or of the I))'ol)erty
Ov assels of t}l(' (~i~y shall ])(' al)l)oint('d by nny court, except
receiver al)poinled al l}l(' instance o)' r~,(111(,s[ of flit, (~oi'porHl}Oll)
Or if the ('ity shall make a g'(,n(,nd or a% assig'mmmt fo,' the
benefit of the City's er(.difors, or if (2) lhe (5(y shall aband,m or
vacate any )mrl of the Demised Pr,,mis.s (cx.'-l,f pursuant f(,
ti()]l 24 h,'['eof), then the ('it)' shall })c (h'e.]('d to I)(. in dofau[t
(el Tim ('orpm'alio. shall in m) ('vent I,e in default i. Ihe per-
fOl'JIl;lllCt' OJ' Jill)' O)' its O])JigaJiolls JlL'l'('lllld('l' O1' imposed ])y any
failed to ]),,rfonll snch obligalim~s wilhin thirly (30) days or such
additiomd time as is r('asomtbly r.quir(,d to c<),',','ct any such
d('fatJll after )mlic(,})ylh(,(515 to the (k)rporntion properly spe,'ify
tit,I].
(a) If th(! wl)oh' .f lb(' l)cInised l'r(.mis(,.'. shall l)e tak(m pt'r-
I[lilI/t'11(]~' Itlld(q' the l)ower of OIllillOllt d()lIlaill, l}l(' forIll of Illin
leas(, shall e,,ase as of the day l)os~ession shall b(' so takell. If less
l}11111 lb(' wholf of lllt' [)(')Hiso({ J'r(q)~ist's shall bt' talloil ])(Wlll:lll(HIt]}',
or if lb(, whoh' of fiw Demised ]'remisos shall be tak(,n hmll)o)'arily,
und(,r lhc power of cmim'.t d.mai., (I) (his I,,as,. shall c(mtim., in
Proof ot OCTOBER 3, {975
13tl;vl*~' of S:ttl Frztncis(:o, lI~c'., 9SI-7882
GA/JLEY 11- -
(b) No long as ~ny of the 14~{1s shall }~, oulstandiug, any
i~g the' Demised l~remises in whole ov in l~art shall 1~(, lmi,l tu the
niada ~l{'{~,t' ;IJ] ¢)f {1l~~ }~o~ds }~:tvt, }~{'t'n fully l)~tid au,{ retired shall
}u, l);titl lo th,~ (~orl)or~tIic, n ~l~HI tll,, (qt3' as th~q,' l'esl)ecfive
til.m the' tt~rmination ov e~lfimHiou o1' this hutse (oth,q' than
us l)rovid~,d in st'~'tiol~ I I h(,t'eof), t}l,, (qty shall s,ll'l'('JidO,' to the
~qv:t'l~ox 14. l~iy/h/ ~,/
('Ol'l)Oraliotl ;tnd its assig~t~',,s shall }}ax-¢' tht, right t(, ent~'z'
with flu, LNty's rig'hts or o})li~r;~tions uu(le:' this lease, aTid
(,v Ul,On (1,,' l)t, miso(l I']'e~ises, th,~ ('it>' shall I);i)',
f~tll> dis<'i~:tv~'e(l and r,qo;~s~,d ~,1 ~l,,) fi~,~' lh~,
Ihat, if lb,' ('ity (I,,sir'{,s 1,> (,onf,,s~ ~tn> su~'h lib,n, it
Proof of OCTOaER 3, 1975
13AKl~ HS Pq t~:IA~
Boxvl~c of San Francisco. hie., 9S1-7882
GALLEY 12----
Tim lutrtb.s ]wreto muttlally covenant that the City. by keel)ling
~111d ])~'l'FOl'lllillg' 111~' ('oVtqlttIIlS :tB~l ag'rtq'H~ollts ht,l'(,i/t Ct~lllaillt.d, sha]]
al all times during' the to]'m of this [t'aso, i,eac.ahly al.l quivtly, have,
hold and mLjoy (h. l)¢,mised I'rcmises, without suit. trouble or ]fin-
(h'2/11('l' [FoIII the COl'lmrati{m.
S~.:t I'[ox 17. ('ortmr. fio. No! Li~tble.
enlp]oyt',~s lind flit. q'l'/lstee shall m~t I.- liable to the City or to any
oHmr party whomsoevm' for any d.ath, injm'y or damage that may
rosltJt to all)' I~t'I'sol} of property by o1' J'l'oNl ally (qUISt' WJlaiSoeVel'
in, on or about the l)emised l'remisos. The (Sty shall indr,mnify and
}told the ('o/'l)oration mid its IIItqll}ltq'$, directors. oflivtq's, agonts and
(m/I)]o)'('(,s iill(] (lie T)'ust,q. [mrmluss ~1'o111. aml defend each of t}liqll
against, any and all claims. liens and judgments for doath of or
i]ljllry ~o arty person or datnag'e (o [)rol)erty whatso.x'cr ()o(,111'i'illg
in, on m' about the I)cmist.d [>rmnises.
Ncilhm- this h,as. nor any intm'¢'st or the (!it3- herr. trader shall
lm mortg'ag',.l. phqlg'od, assigned, sublet or transf'errod by the City
by vohmtary act m' by Ol,m'ahon of law or oth.rwise, ex(.cpt with the
prior written consent of Hie Cm'l,Orati.n, which sitall not b,' m~rea-
somddy withheld.
,q~,;,'qmx 19. 7'it/,' to l'r.lwtTq.
Tilh, to tlw I)mnisml I'rmnis.s aml all structural additions
Tilh. h, all fixtur~,s aml signs added 1o l}le l)cmiscd Prt'nfiscs l)ur
in or abutit tim lh'nfis.,l Ih'cmis.s by the ('ity shall r,,main in the
Th. r.ntal shall b{, abahql pr.portional~,13, during any l.'riod
ill whi('[~ })v )q'ilsoN O[ Itel3' (];mt;LgC Or (lestrlt(qion (otht'r than }(v
dtqnnatiou xshi.h is hcrcin}.ffc)l'c provided for) tlwr~. is subst:n~tial
int,'l'f('T'mwc with th,' Ils{' aml .ecul}:mcy of lhe I),'nfis.d I>rvmises
by th. {'ity, in the ],'.l.)rii<m which th. initial <'.st of fimt portion
of the [h,mis~d [h'c/niscs z'cnd,,rvd tm]~sa})h, b.ars to th,, iztitial
cost of th,, whoh' o1' lltc lh,n]isml I'r(.mis{,s. Such ~dmtement shall
('onlinut' for t]lv I~c]'i,.l <'omm,,nviujr xxilh such danlag'i, or (1ostrllction
i'cc,)n~tru,'tio.. In llm~,x'm,t .f anx sm,h damag,'or(h'sI['ucticm.
Proof ef OCTO~tE~I 3, 1975
BAKE BS FIE [,1)--6357
Bownc ot San Franuisco, lnc.~ !)S1-7882
GALLEY
?-;p;('l'1o:~ 21. Lttu' (JtJt ertilH,,I.
This lease shall I.' govcrL.,d exclusive[) hy the l.'ovisions Jim'col
aim by lb{. laws .r the State oF Califor]lia as the san., from lime
All notices. shtt~'ments, demand,4, conse]~ts, approvals. authori-
zations, offers. desig'natim/s, l'OqllOSt80l' other COlmnunciati(ms Ilpre-
nndcr hv either party 1. the othcr shall hc in wriling and shall be
sufficiently given aml served tq.m the other party if delivered per-
sinrally or if mailed hy United Shttcs r~,gislm'cd or c~q'tificd mail,
l'otllrll r.ceipt requested, poslag'e I.'elmid, and, if 1o the Corpm'alkm,
a(hlrpsscd to the COrlmration in care of Fritz R. Stradling, Ih~tan &
Tm,ker, 401 ('ix'i. C¢q,t-r Drive West, P.O. Box 1976, Santa Ana.
California 92702, or. if to the Cil)'~ addressed to the ('ity in ('are of
the (5t3 Chq'k, City Ihdl, 1501 Truxton Avenue, Bakerstifqd, Call
[m'nk~ 9;1301 with a COl,5 1o the %'ustet., or m such other addresses
in w ritin ~'.
N~:c~tox 23. I'ulidit// .~ld ,'~'eccr. bilit.U.
If fro' any reason {his h,ase shall bo held by a cm]rt of corn-
In,lent jurisdiction to hi. void, voidabh,, or une]tfo,'ccable by
COrl~Oration or by the City, m' if fro' any l'(~}lSOll i[ is held by such
a cou]q lhat any of the t'ovcnallls alld cml(litions of the Cit5
under, i.chlding' tho covenant h} pay rentals }lpretlltder~ is illl(q}-
forc.ahl,, for the full h,rm }tm',,of, Hum mid in such evc~;t this
lease is nnd shall }., deenl(,d to ],e a h,as(~ from year t() y(,ar llll(lOf
which ]he rentals are to 1)~' [mid hy the City stunjan]really in con-
si*h'rati,m .f lhe right o1' the I'ity to possess, occupy and ilSty
l)emiscd I'rcmises, aml all of Ihe rmmd aim other terms, t)r.visimis
holding. shall ]'cmain in f'ull force and (,fleet.
The (Sty coy.hauls that during tho term (ff this ]case, ('xcept
as hereiu;fftcr pt.vialed, (a) it will use, or cause the use of,
])cruised Ih'cmis~,s solely for water Sttlqfiy distributimi Imrposcs
and rm. the I,tll'posOs I'm' whiuJl tim fa.ilities of the l)cmisvd
Itl't' (qtslOJlllll'[]) Itsoil. lind lb) it will 11o( vll('atc of ll}}[IIIdOIl lira l)e
miscd lh',.mises ov ;Ill5' part
The City shall have the olfiim, to l~tll'CllaSe 1]1('
ilitm'est iu any part of flu. I),,mis.d Ih'cmisos upon l,ayment ,:ff an
opli,m I,ric~* mlual to the aggrt'gah' arnOLUll for (lie ~mtirc remaining
term ,,r this h,ase or the 11;..1 of the hdal rcnt }~crmmd,-r altribtllabh'
to such p;tr{: of tim l)cmised {'rcniises (dctermim,d ],y l'P['kq'(ql('(,
th(, I)rUl,ortion wltiuh th(, ViiIll,, of stlt'h part o1' fh(, I)emised
Prou[ of OCTOBER 3,{915
BA K E RS F[ 1,; L D--6357
Bowne of San Francisco, Inc., 981-7882
GALLEY 14
iscs bcars to tim value of all iff llw l)cmiaod lq'enfises). Any such
payre.hi shall I., made It, the Trustee and shall be treated as
rams (as su('h t(q'm is defined in tim h.hmturc), and shall be apl)licd
by the Tnmh,e to redeem Ihmds on the curliest date when the I~on(ls
ill'/' subject tt) I'{'dpllll~t}Oll ]~111'8111111{ [O lilt' ln'(~visiolm of the
shall 1., rcdm.cd i~y th. alllOlltli thereof attributable to sue]l part
of the lh.mis,.d Prmnises and l}mlotofore paid pursuant to this sco-
tion, (b) sections 20 a~.l 24 of Ibis h,ase shall m~l thereafhq' 1)~'
:tlqdieab]o to such part of tim Demised I'r.mis~'s. (c) lhe
required by sections 7 and 9 of lhis lease need not bo maintained as
to such part or the l)emised Premises. and (d) tith, to such part of
the Demised lb'cruises shall vest in the City aml the term of this
[ens~. shall cud as to such portion of lira I)emised l'r.mises.
The City, in its discrelion, may reques~ the (k~rporation to
sell or exchange any pm'somd prop,,rly which may at any time
constitute a lmrt of the JJemis~.d Premises, mid to release said
persmml prot)er~y froill this lease, if (a) in the opinion of
(Sly lh,~ property so sold or exchanged is no longer required or
useful iu cormcello. with the operation of the Demised Premises,
(b) the consideration to be t'eocived fronl the property is of
value substaufially equal to the value of the property to be released,
amt (c) if t}lt, value of any such ln'Opm'ty shall, in the opinion
of tho (~orporati,m, cxcet'd the atomrot of $50,000, the (Jori)oration
shall haw, })t~t~11 furnished a ccrlificatc of an im/elmndent engineer
m' other qualiflcd indeptmdent ln'Ofessional consultant (satisfnctory
1o lho (kn'pm'atiou) certifyi.g {he value thereof and further cm'-
tlfying l}ml such pr,;pm'l3 is no longer required or useful in
11i,elioll with the operaliOll of l}le l)emised lb'cruises. In {l~t, cveut
Of till5' Slleh salo, t}li' full alllOUll{ of i}!o IIIOlH'y eonsidcratif)n re-
ccived for the porSOlla] ]n'opm'ty so sohl ttltd released shall be
paid io the (5)rt;oration ,)r, if tim hMenhwe so roquires, to the
Trustee..kny 111011('> SO paid to the (lotpotation m' the Trustt,o
may, s(, long as lhe (qty is not iu default under ally O~' the provi-
sions of this lease, bo used Ulmn the written request of the City
Io t)urchase personal tn'optq'ty, which tn'opcrty shall become a part
of lho Demised Premises leasod h(~r(,umh.r. To the extent required
hy t}w lnd(..~ure, the' q~)'u~tet, may require stte}~ opinhms,
Cat(~S Illld Ot}l(q' dOOtltll(qlis as it 11111y dt'0111 ll(,C(,sSal'y })ofore })el'lllit-
ting any sale or (,XC}lallg't~ of pcr'sonal prOl.','ty subj~ct to this
lease or h(,foro I'O](qtsillg' f'or lb(, })/11'c}11tst* Of lli~w persolla] p,'ol~e,'ty
uloltcy reeeiv,,d by it For pm'smml l~rOperty so sohl. The (~orl;,ora-
subjcc~ to th,' tin'ms of /hc
Proof ef OCTOBER 3, 1975
I~AKEBSFI Iq[ ,13--(~357
Bowre, ol San Francisco, hie., 981-7882
CALLEY 15
Faih, r¢, of tht, (~Ot'l)oralim~ to takc advantage of any defaul;
on lhc part of lite (qly shall not be, or I)e construed its, a waiver
twt,en lb,, parties in lhc coursc of administering this lease be
construe(1 to xvaive or t. h'ss{'n t]m right of the (~orporati,m to
itlsiSl HI)OH I)~)Ff'OF~DltlCt~ ])V lh¢' ('ity of ~111y ttq'111~ cOVpllallf of ~Oll-
diti.n hereof, or to exercise }Lily rights given the (~orporation on
account of such default..k waiver t)f a particular default shall not
b~, decmv,t to bc ;t waix~cr of the same or any subsequent d,'['ault.
The acceptance of I'lllit }lel'f~llltdLq' shall not be. or be construed to
})t'~ ;L Waivor of ally It'll/I, ('OVOBitllt Of conditim~ of this lease.
This lease shall bc
shall J,c an ~lJlsO]tlJo 11~t l'u[111'11 to lhc ('orporation, h'ce, ltlld clear
,ql,:c'l'l~ ~x 27.
refcren('~ only and aro nt,1 inh'nd,,d to {h,linc or limit lite scope of
any I)rox'i~i.n of this
This l,,as(, illtt.v })t, t'XL't'tlt¢'tl in ;In) 11Lllll}}l~l' t)l' coltnterjmrts~ each
oJ' whi('h shall t){~ (h.~,me(1 to h. all original. hilt all together shall
(.onslitute /)ul t)l/(' illIll th,,
afar,, cour~h.rp;irts of this h'as.
th,, sanw (',)Hnterjutrt ]lad 1)(,~q) uXt'clth'd
the ('ity.
Proof ~]f OCTOBER 3, 1975
BAKEIISFII';I~l)--6357 Bowre: ot San Francisco, Inc., 9Sb7882
(;ALLEY 16
Ix WiTX].:ss Wiil,:n~,;m', tin, Cori)~ration and the City have caused
this h,as~, to }m ex~,ented hv thiSr rvspt, etiw~ otlk, m's th~,r(,uni~ duly
anthorizt,d, all as of th{, day and yi,;n' first ahoy(, u riih,n.
[ ,'q eal ]
('i[/!
.\pl)r.v~,d as tr~ l'ornl:
By
Proof o1 OCTOBER 3, 1975
B.~KIV, 11S FII':I ,D---6357
San t;ranc~seu, Inc,, 9,~1-78S2
(;ALI.EY ]7 --
~tv. tl' o1' ~'alifln'nh~ ]
................... a itohtry lmhJie in and for
and ............... , kmm'n to me to be tlu, Neuretary, rt,spee-
tJV(~J)'~ ()J' {tITY OF }~.Lli~IISFII';I.I~ ~VATEIi J*~A(qlJTiES ('(llll'OIIA'I'IIIN~ lhe
COl'pOl'at}OIl that (~xi,clll¢,(J the WilJliIl illStl'l/lll('111, filial klloXVll Jo
to I)e th(, l)ersmis who (,x,.ented th. within instrumt'nt ())~ helmIf of
said eorl,oration therein mimed, and aeknowle(lged to me that such
eorporath)n exeeutud ill(' Withill instrum(mt pursmmt 1o its by-laws
or ;L resolnlio. ,)f its hcmrd of dh'e,'tors.
Is \Vrr.'~,:ss Wu[.:m;m., I have huremtto sl]hs('ril;ed ]ny natal, and
aflix,,d my offiuial sual in tin' (~omdy of JG'r. on the day ~1111] ?qtl'
this certificate first ahoy,, WI'iIIOII.
j Nohn'ial M, eM]
Noh.'q l'.b/ic i. a.d ]'.r It.'
,q'/. h' .f ('alifortti.
My ('l)nlmlssion expires:
~tale o1' t'alifm'nia ]
('ounty of K,'rn f
()it Illis ........ dab ,}1' . ....... inlM. Sear 197..
mr', ........................ a xtot;u')' JmJ)li(' in and fin'
l),,ar,,d ......... kn(m'n to mu tu I),' the Mayor, and
................... known h) me h) Iw the ('ity Ch.rk. re~lmutively,
Of tJD' (¥1% OF }lAIqt';IlSI"IEiA,, fh4' Illitlli('ij);lJ ('orporali(m IJLM exeuut('d
uuted th,' within insl rmm,nl on J.qmH' o1' said muniuilmJ uorlmration
tioII ('XO4'IIJOJI ljtp Wilhill illSJl'lllll('l~ !IIII'811HIII t(} II I'p,qOJll[i(lll Of the
IN \\'~rx~.:ss \VHI.:I:F:()I.', J }lave her,,unt~) suhsuriimd my mmic
affixed n,.~ ofii('ial seal in tim (',muiy of Nern on tim day and
ill this u('l'tiJ~('at(' J~l'sJ ;l]~ox'e wrilh.n.
A'oh~r// I'Hblic i. altd for
,%'htl(' I)f ('al~j'l~rHilt
j Nuhu'ial
My commission expires: ..........
Affi av ! of os ng r ma es
STATE OF CALIFORNIA, f
County of Kern ss.
H. E. BERGEN, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that o~ .....................................Q.~ .t..Q_b...~..r........8.. .........................................................,19..7..~..... he posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said Ci%y
at a meeting thereof duly held on ....................Q.c._.t....o..]~.~..r.......~ ..................................., 19...7.~.., which ordinance
was numbered ....... ~.~.~ ............New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY
OF BAKERSFIELD APPROVING A FORMAL AGREE-
MENT RELATING TO A PUBLIC LEASEBACK, AND
THE EXECUTION THEREOF BY AND BETWEEN THE
CITY OF BAKERSFIELD AND THE CITY OF
BAKERSFIELD WATER FACILITIES CORPORATION.
City C~rk
Subscribed and sworn to before me this