HomeMy WebLinkAbout2002-287
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Resolution No.
2002-287
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17 SECTION 2. This resolution is rescinded if the parties to the contract fail to
18 execute it within 60 days of the passage of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF A LEASE AGREEMENT WITH THE SAN BERNARDINO WATER
DEPARTMENT, THROUGH ITS BOARD OF WATER COMMISSIONERS,
FOR THE USE OF CITY HALL OFFICE SPACE.
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 authorized
and directed to execute on behalf of the City a lease agreement with the San
Bernardino Water Department, through its Board of Water Commissioners, for the use
of City Hall office space, a copy of which is attached hereto, marked as Exhibit "A"
and incorporated herein by reference as fully as though set forth at length.
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2002-287
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF A LEASE AGREEMENT WITH THE SAN BERNARDINO WATER
DEPARTMENT, THROUGH ITS BOARD OF WATER COMMISSIONERS,
FOR THE USE OF CITY HALL OFFICE SPACE.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a ioint regular
9th
day of September
meeting thereof, held on the
following vote, to wit:
Council Members: Ayes
ESTRADA x
-
LIEN X
MCGINNIS X
-
DERRY X
-
SUAREZ X
-
ANDERSON X
McCAMMACK X
-
, 2002, by the
Abstain
Absent
Nays
~~~ U~'-
City Clerk
The foregoinl!; resolution is hereby approved this
day of _September .2002.
/;}m
Approved as to form and Legal content;
James F. Penman, City Attorney
B(f""" :; A!~
(I
V tZ/.-/------
/ 1 ~:.h Valles, Mayor
U=ity of San Bernardino
2002-287
1 LEASE AGREEMENT
2 BETWEEN THE CITY OF SAN BERNADINO AND
3 SAN BERNARDINO MUNICIPAL WATER DEPARTMENT
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5 This Lease Agreement is made and entered into this ~day
6 of Septemb~, 2002, between the City of San Bernardino, a
7 municipal corporation, "Lessor", and the San Bernardino
8 Municipal Water Department, through its Board of Water
9 Commissioners, "Lessee".
10 RECITALS
11 1. Lessor is the builder and owner of the City Hall
12 Building located at 300 North "D" Street, San Bernardino,
13 California; and,
14 2. Lessee desires to lease space in said City Hall
15 Building from Lessor for use as office space for the Water
16 Department.
17 NOW, THEREFORE, in consideration of the terms, covenants
18 and conditions set forth herein, the parties to this Lease
19 Agreement agree as follows:
20 AGREEMENT
21 1. Leased Propertv
22 Lessor hereby leases to Lessee 12,886 square feet of office
23 space located on the fifth floor of City Hall Building on the
24 terms and conditions hereinafter set forth.
25 2. Common Space Property (Second Floor)
26 Lessee will occupy approximately 1030 square feet of City
27 Hall Building space, on the second floor, at no cost to Lessee,
28 provided that Lessee continues the cashiering function that
LEASE AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND SAN BERNARDINO MUNICIPAL WATER DEPARTMENT - 1
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2002-287
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benefits the Lessor. If Lessee discontinues the cashiering
function benefiting the Lessor and continues occupancy of the
second floor space, Lessee will pay for 1030 square feet at
$1.15 per square foot.
3. Term
The term of this lease shall be from April 1, 2002,
retroactively, through March 31, 2007. This lease shall
automatically renew thereafter for one additional five-year
term, on the same terms and conditions, unless the parties to
this Lease Agreement mutually consent to other terms. Renewals
shall be at the same lease rate as specified at Section 4.
4. Rental Pavment (Annual)
Lessee agrees to pay to Lessor the rental payments due
hereunder in an annual lump sum payment made on or before July
1st of each fiscal year, with the exception of the 2002-2003
lease payment, which will be paid by the Lessee within thirty
(30) days after City Council approval of the lease agreement.
The annual lump sum base rental payment, except as otherwise
provided herein for rent adjustment, shall be One Hundred
Seventy-Seven Thousand Dollars, Eight Hundred Twenty-Six Dollars
($177,826.00). This is computed by multiplying the lease space
(12,886 square feet) by $1.15 and multiplying that amount by 12
months.
5. Bathroom Renovations
The Lessor shall pay $27,000 toward renovation of the
bathrooms on the fifth floor, and shall retain the appropriate
consultants and contractors, to bring those bathrooms into
compliance with the Americans with Disabilities Act. The Lessee
LEASE AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND SAN BERNARDINO MUNICIPAL WATER DEPARTMENT - 2
2002-287
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shall pay $22,000 toward renovation of the fifth floor
bathrooms. The renovations will be completed no later than
December 31, 2003. Payment from the Lessee is due within thirty
(30) days of City Council approval of this lease agreement.
6. Purposes
Lessee agrees to use the City Hall Building for normal
office and administrative purposes and agrees to keep the
interior areas in good condition, normal wear and tear excepted.
7. Structural Maintenance
During the useful life of the building, and barring
catastrophic damage to the building to an extent that renders it
unfit for occupancy, Lessor agrees to repair and maintain the
exterior and structural portions, including the roof of the
building, in watertight and weatherproof condition, and to
repair and be responsible for any interior damage to the
building resulting from exterior and structural defects in the
building. Lessor shall also be responsible for any and all
improvements required to meet applicable Federal, State, Local
or Municipal laws, statutes, and regulations. Lessee agrees to
maintain and repair interior areas of the leased premises, and
make all tenant improvements. Tenant improvements shall be
approved by the Lessor and shall be completed in a timely
fashion. The current, contemplated renovation of the fifth
floor will be completed by the end of the first term of this
lease.
8. Access to Premises
The Lessor shall have access to leased premises at any and
all reasonable times to inspect or to otherwise determine
LEASE AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND SAN BERNARDINO MUNICIPAL WATER DEPARTMENT - 3
2002-287
1 compliance with the lease by the Lessee.
2 9. Sublettinq
3 The rights of the Lessee hereunder may not be assigned or
4 sublet to any other person, firm or corporation without the
5 written consent of the Lessor first had and obtained, provided
6 that consent shall not be unreasonably withheld by Lessor.
7 10. Liens
8 Lessee agrees to keep the leased premises free and clear of
9 mechanic's liens that might arise from repairs or improvements
10 made to the leased premises by Lessee.
11 11. Utilities, Services and Parkinq
12 Lessor shall provide to Lessee, without cost, the same
13 utilities and building services furnished by it to other City
14 departments occupying the building, with the exception of
15 telephone or other communication services. Lessee and Lessor
16 shall have the right to use parking spaces allocated for
17 assigned employee parking in the same ratio as the total square
18 footage of office space that each party bears to the total
19 square footage of useable office space in the building.
20 12. Surrender of Premises
21 Should Lessee be required, at the request of the Lessor, to
22 surrender all or any portion of the leased premises during the
23 term of this lease, or any of its extension, then and in that
24 event, Lessor agrees to provide, at its own expense, a like
25 amount of square footage as that surrendered, together with all
26 of the services provided in this agreement, and to pay the total
27 costs of relocation and cause any relocation to be done. The
28 substituted premises and services must be acceptable and
LEASE AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND SAN BERNARDINO MUNICIPAL WATER DEPARTMENT - 4
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2002-287
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satisfactory to the Board of Water Commissioners or its
successor.
13. Damaoe to Buildino
City agrees that should the leased premises be so badly
damaged by fire, incidents of war or undeclared hostilities,
terrorism, or other violent actions of the elements so as to
render them wholly unfit for occupancy, then this lease shall be
terminated immediately upon the happening of any such event. On
termination under this Section, the Water Department shall
surrender the premises and shall not be liable for any further
rental, and the City shall refund any unearned rent paid in
advance by the Water Department, calculated by taking the pro
rata amount from the annual rental amount. In the event of any
lesser damage by any cause other than the Water Department's own
intentional or malicious acts or omissions, the premises shall
be restored with all reasonable speed by the City, at its
expense, and rent shall be prorated based upon the percentage of
un-usable floor area from the date of such damage or destruction
until the damaged premises are again made ready by City for
occupancy by the Department and they are accepted by the
Department for occupancy.
14. Defense, Indemnification and Hold Harmless
The City of San Bernardino will defend, indemnify and hold
harmless the City of San Bernardino Municipal Water Department
for all damages, claims, penalties, fines, and assessments
resulting from the negligence or intentional acts or omissions
of its employees, agents, officers, and directors. The City of
San Bernardino Municipal Water Department will defend, indemnify
LEASE AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND SAN BERNARDINO MUNICIPAL WATER DEPARTMENT - 5
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and hold harmless the City of San Bernardino for all damages,
claims, penalties, fines, and assessments resulting from the
negligence or intentional acts or omissions of its employees,
agents, officers, and directors.
15. Termination
Either party may terminate this lease by giving written
notice of termination to the other party at lease six (6) months
prior to its termination date on March 31, 2007
16. Insurance
Lessee agrees to purchase and maintain during the primary
term, and any subsequent terms, liability insurance to protect
against any liability to the public incident to the use of or
resulting from any accident occurring in or about the leased
premises. Lessee shall furnish Lessor with certificates of
insurance as evidence of Lessee's compliance with the foregoing
provisions, if so required.
17. Fixtures
All improvements and fixtures, which may be placed on the
leased premises by Lessee, shall be removed within sixty (60)
days after the termination of this lease, if required by Lessor.
If not removed within sixty (60) days of request, the Lessor
may, after notice to Lessee, remove and store all improvements
at Lessee's expense. Lessee shall leave premises in the same
condition as existed on April 1, 2002, normal wear and tear
excepted.
18. Buildinq Rules and Requlations
Lessee agrees to conform to and abide by any and all
building rules and regulations uniformly applicable to employees
LEASE AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND SAN BERNARDINO MUNICIPAL WATER DEPARTMENT - 6
2002-287
1 and departments of Lessor at City Hall such as shall be
2 established by Lessor or as shall be adopted, amended or revised
3 during the term of this Lease Agreement.
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19. Notices
5 All notices to be given by either party to the other shall
6 be given in writing, delivered either personally or by first-
7 class United States mail, to the addresses of the parties as
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City Clerk
City Hall, 300 North "DO Street
San Bernardino, CA 92401
Lessor:
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Lessee:
General Manager, Water Department
City Hall, 300 North "DO Street
San Bernardino, CA 92401
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IN WITNESS WHEREOF, the parties have executed this Lease
14 Agreement this /~TH day of ~~~~ , 2002, at San
15 Bernardino, California.
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16 BERNARDINO
By:
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ST:
~C~
Clark, City Clerk
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BOARD O~ WATER COMMISSIONERS
By':;:;;;J~RN~
President
By: ~.~
s~~reta~
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Approved as to form and legal content:
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LEASE AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND SAN BERNARDINO MUNICIPAL WATER DEPARTMENT - 7