1999 AGN DEC 07 I26 - Laserfiche WebLink

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AGREEMENT REGARDING LEASE AND MANAGEMENT OF THE HERMOSA GARDENS CEMETERY THIS AGREEMENT REGARDING LEASE AND MANAGEMENT OF THE HERMOSA GARDENS CEMETERY ("Agreement") is entered into this day of , 1999, by and between the CITY OF COLTON, a California municipal corporation ("Lessor") and the Inland Memorial Cremational Burial Society, a [INSERT TYPE OF ENTITY] ("Lessee"). RECITALS A. Lessor currently owns and operates the Hermosa Gardens Cemetery ("Hermosa") which is a municipal cemetery located at 900 North Meridian Avenue, Colton, California. Hermosa consists of approximately 17 acres. Lessor also owns approximately 15 acres of undeveloped property located immediately adjacent to Hermosa. Hermosa, the property upon which Hermosa is located, and the adjacent property described herein, is collectively referred to in this Agreement as the "Premises." The Premises is more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. B. Lessor's operation of Hermosa currently includes the sale of interment rights, maintenance of cemetery records, preparation and maintenance of internment sites, performance of general landscape maintenance and rodent control. C. Lessor issued a Request for Proposals for the management, operation, maintenance, development, sale of internment rights, and sale of cemetery merchandise on the Premises ("Services"). Such Services also include, but are not limited to, chapel services, memorial services, sale of niches and services of a scattering garden. The Services are more particularly set forth in the Scope of Services attached hereto as Exhibit "B" and incorporated herein by reference. THE PARTIES AGREE AS FOLLOWS: 1. Lease of Premises Lessor hereby leases to Lessee the Premises including any and all buildings, facilities and structures located on the Premises. The Premises are leased in an as - is, where -is condition, with all faults. 2. Term The term of this Agreement shall be for the period of fifty-five (55) years commencing at 12:01 a.m. on [INSERT DATE], 1999, and ending at 12:01 a.m. on [INSERT DATE], unless earlier terminated as herein provided ("Original Term"). The Original Term may be extended for an additional period ("Extended Term") upon the written consent of both parties prior to expiration of the Original Term and such consent shall include the number of years for the Extended Term. Either party may provide written notice to the other party at least one (1) year prior to expiration of the Original Term thereby requesting that the term of this Agreement -1- RVPUB\JFF\531124