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HomeMy WebLinkAbout2002-023 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2002-23 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE INLAND CENTER MALL FOR LEASE OF CERTAIN REAL PROPERTY KNOWN AS THE POLICE COMMUNITY SERVICE OFFICE LOCATED AT 204 INLAND CENTER MALL. THE TERM OF THE AGREEMENT IS FOR SEVEN (7) YEARS. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I. The Mayor of the City of San Bernardino is hereby authorized and directed to execute, on behalf of said City, an agreement with the Inland Center Mall, for the lease of the real property located at 2041nland Center Mall in the City of San Bernardino. A copy of said agreement is attached hereto marked Exhibit "A" and incorporated herein by this reference as fully as though set forth at length. SECTION 2. This agreement shall not take effect until fully signed and executed by both parties. The City shall not be obligated hereunder unless and until the agreement is fully executed and no oral agreement relating thereto shall be implied or authorized. SECTION 3. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage ofthis resolution. III III III III III III 2002-23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE INLAND CENTER MALL FOR LEASE OF CERTAIN REAL PROPERTY KNOWN AS THE POLICE COMMUNITY SERVICE OFFICE LOCATED AT 204 INLAND CENTER MALL. THE TERM OF THE AGREEMENT IS FOR SEVEN (7) YEARS. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor Joint Regular and Common Council of the City of San Bernardino at a meeting thereof, held on the 22nd day of January , 2002, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LIEN x MCGINNIS x SCHNETZ x SUAREZ ~ ANDERSON x MCCAMMACK x ~ The foregoing ordinance is hereby approved this r2,cf)lu J.:;. ~ 2002. day of C1AUUV'( ; /~~-2f/- Cb... Approved as to Form and legal content: Betty Dean Anderson Mayor Pro Tern City of San Bernardino JAMES F. PENMAN, City Attorney By: (L,..-~ 1-. p~ o 2002-23 LEASE THIS LEASE is made and entered into this 2. q fl- day of ~I/Var If ' 2002, by and between MANO MANAGEMENT COMPANY, INC., a Delaware Corporatlon, dba INLAND CENTER MALL herein referred to as "Lessor" and THE CITY OF SAN BERNARDINO, herein referred to as "Lessee." The Lessor and Lessee mutually agree that: 1. The Lessor is the owner of the premises described as 500 Inland Center Drive, Space 204, San Bernardino, California (the "Premises"), located in an enclosed shopping mall known as "Inland Center Mall" (the "Mall") as more fully depicted in Exhibit "A-I" ("Inland Center Lease Plan") and Exhibit "A-2,t ("Inland Center Site Plan) and desires to lease said Premises to the Lessee for use as a community administrative service office by the Police Department of the City of San Bernardino and for other lawful purposes as determined by the Lessee. The Lessee desires to lease said Premises from the Lessor pursuant to the provisions stated herein. 2. The Lessor leases to the Lessee, and the Lessee lets from the herein provided, the Premises. The Lessee shall have full and access to the Premises at all times and the nonexclusive right to areas, including parking areas. Lessee shall have the right to (7) reserved parking spaces designated by Lessor, as more fully in Section 14 below. Lessor, as unimpaired use common use seven described 3. The term of this lease shall be for seven (7) years, beginning February 1, 2002, and ending January 31, 2009 (the "Term"). 4. The total rent for said Premises shall be $1.00 (one dollar) annually, in advance, due and payable on February 1 of each year of the Term. The Lessee shall not be liable for other costs or expenses except as agreed to herein. Payment of rent shall be made to Lessor at 500 Inland Center Drive, San Bernardino, California 92408. 5. The Premises are leased to be used as a community service administrative office for the Police Department of the City of San Bernardino or for any other lawful public purposes. 6. The Lessor shall pay for all utilities furnished for the Premises for the term of this lease, including gas, water and rubbish removal. The Lessee shall pay for telephone service and electricity. 7. The Lessee shall maintain all internal portions of the Premises in good condition. The Lessor shall be responsible for the exterior of the building. The Lessee shall be liable for any damage to windows and doors above ordinary wear and tear resulting from the act or omission of the Lessee or its authorized representatives. 8. The Lessee shall have the right to install such removable fixtures as are necessary for the proposed use of the Premises, and such removable fixtures installed by Lessee shall not become part of the real property. Lessee shall repair any damage caused by the removal of such fixtures. N:\M511-002\DOC\Lease.OOJ.doc 1 2002-23 9. The Lessee may make such repairs and improvements as are required to fit the Premises for the proposed use. Notwi thstanding the foregoing, Lessee shall not make any structural alterations or structural improvements to the Premises without the express prior consent of Lessor, which consent shall not be unreasonably withheld. 10. The Lessor agrees to procure and maintain in force during the Term and any extension thereof, at its expense, fire insurance on the real property in an amount sufficient to protect the Lessor's interest. Throughout the Term, or any extensions thereof, Lessee shall maintain insurance against public liability for injury to person (including death) or damage to property occurring within the Premises arising out of the use and occupancy thereof by Lessee. Such insurance shall be with minimum single limits of Two Million Dollars ($2,000,000.00) for personal injury, death or property damage, and Lessor shall be named as additional insured under the policy. Lessee shall deliver to Lessor a certificate of such insurance naming Lessor as an additional insured and an agreement by the insurer that said policy may not be canceled without ten (10) days prior written notice delivered to Lessor. In lieu of the foregoing, City in the event it is self- insured, shall provide to Lessor written confirmation of its self-insured status and its present and ongoing ability to cover claims equal to or higher than the coverage set forth above. Such written confirmation shall be sent to Lessor at its notification address set forth in paragraph 18. 11. The Lessee shall be responsible, at its sole cost and expense, for any signage and may erect or display this signage on the Premises depicting the use of the Premises. The location and design of all such signage shall be subj ect to the prior approval of Lessor, which approval shall not be unreasonably withheld. Lessee shall remove all existing signage on the Premises at its sole cost and expense. Lessee shall repair any damage caused by the removal of existing signage. All signage erected pursuant to this Section shall be installed by Lessor. 12. As a material part of this lease and in consideration for Lessee agreeing to a seven (7) year lease term, Lessor shall, at its sole cost and expense, cause the installation of tenant improvements necessary for the initial build-out of the Premises for Lessee's intended use, the nature and extent of which shall be determined in the sole and absolute discretion of the Lessor, but shall include without limitation, construction of an outside entrance, offices, work areas, a bathroom and a conference room (the "Initial Improvements") . 13. Lessor, in its sole and absolute discretion, upon sixty (60) days written notice to Lessee, may require Lessee to relocate its operations from the demised Premises to another space located within the Mall, which space is determined by Lessor in its sole and absolute discretion to be suitable for Lessee's use. In case of relocation, all costs and expenses of such relocation shall be borne solely and exclusively by Lessee and the terms and condi tions of this Lease shall apply to the new demised Premises. Notwithstanding the foregoing, in case of relocation pursuant to this Section, Lessor shall, at its sole cost and expense, but subject to the reimbursement provision of Section 16 below, construct and install improvements in the new demised Premises similar in function to the Initial Improvements. N :\MSll-002\DOC\Lease, 003 ,doc 2 2002-23 14. spaces in Premises. Lessor shall a portion of provide Lessee with seven (7) reserved the Mall parking area reasonably close parking to the 15. This lease is made upon the express condition that Lessor shall be free from all liability and claim for damages by reason of any injury to any person or persons including Lessee, and property of any kind whatsoever and to whomsoever belonging including Lessee from any cause or causes whatsoever in, upon or in any way connected with the demised Premises or the adjacent common areas of the Mall during the Term. Lessee covenants and agrees to indemnify and save Lessor harmless from any and all liability, cost, loss, or obligation on account of or arising out of any such injury or loss occurring. Notwi thstanding the foregoing, the Lessee shall not be liable and shall not be required to indemnify Lessor for any liability, cost, loss or obligation arising out of the negligence or intentional acts of Lessor. 16. The Lessee shall have the right to terminate this lease for any reason by giving thirty (30) days advance written notice to the Lessor, and this lease shall terminate thirty (30) days thereafter. If the Lessee terminates the Lease pursuant to this Section 16 prior to the expiration of the Term, Lessee shall reimburse Lessor for the remaining unamortized value of the Initial Improvements, which the parties have agreed shall be five thousand dollars ($5,000.00) for each year remaining on the Term of the lease, prorated accordingly for partial calendar years. Payment of all such sums shall be made by Lessee upon the termination of the lease. 17. This lease may be amended or modified only by written agreement signed by both parties and failure on the part of either party to enforce any provision of this lease shall not be construed as a waiver of the right to compel enforcement of such provision or provisions, nor act to release any surety from its obligations under this lease. 18. All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid, return receipt requested, addressed as follows: "Lessor" "Lessee" MANO MANAGEMENT COMPANY, INC. 500 Inland Center Drive San Bernardino, CA 92408 Attn: Arun Parmar Mayor of the City of San Bernardino 300 North 1'011 Street San Bernardino, CA 92418 III III III III N:\M511-002\DOC\Lease.003.doc 3 2002-23 IN WITNESS THEREOF, the parties executed this lease on the date first above written. LESSOR: MANa MANAGEMENT COMPANY, INC., dba INLAND CENTER MALL By: ~1U--1- 'STE EN . SPE'Y LESSEE: ;- ;vIe PRESIDENT THE CITY or SAN BERNARDINO ~ ~~ /:J~~ By: )4~ c;.~.,,/~ /2.... Betty Dean Anderson Mayor Pro Tern City of San Bernardino - ATTEST: Approved as to form and legal content: James F. Penman City A torney '7 N:\MSll-002\DOC\Lease,Q03.doc 4 2002-23 JlMl.u " , , " , , , " , , "\ , , , \, , " , 3$M IilllON /"....J'';, <(}~ //~. /;~ '.... 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