HomeMy WebLinkAbout2000-100
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RESOLUTION NO. 2000-100
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH GASKA INC. TO LEASE CERTAIN REAL PROPERTY FOR THE AREA 'D'
COMMUNITY SERVICE OFFICE AND REPEALING RESOLUTION NO. 91-268.
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 said city an agreement with GASKA Property Management to lease
space for the Area 'D' Police Community Service Office, a copy of which is attached hereto
and marked Exhibit 'A' and incorporated herein by reference as thoughtfully set forth at
length.
SECTION 2. Resolution No. 91-268 is hereby repealed.
SECTION 3. This resolution is rescinded if the parties to the agreement fail to execute it
within sixty (60) days of the passage of this resolution.
III
III
III
III
III
III
III
III
III
2000-100
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
2 GASKA INe. TO LEASE CERTAIN REAL PROPERTY FOR THE AREA 'D'
COMMUNITY SERVICE OFFICE AND REPEALING RESOLUTION NO. 91-268.
held on the 1st day of May
6
COUNCIL MEMBERS AYES
7
ESTRADA X
8 -
LIEN X
9 -
MCGINNIS ~
10
SCHNETZ --X-
11
SUAREZ X
12
ANDERSON X
13 -
MCCAMMACK X
14
15
16
3
4
5
17
18
19
20
21
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a joint reKUlar
meeting thereof,
, 2000, by the following vote, to wit:
NAYS
ABSTAIN ABSENT
/~/ ~('Wiv
CITY CLERK /-
The foregoing Resolution is hereby approved this 5"'hLuay of _May
,2000.
TH V ALLES, Mayor
of San Bernardino
23
22 Approved as to form and
legal content:
JAMES F. PENMAN,
24 City Attorney
25
26 By:
27
28
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"EXHIBIT A"
2000-100
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BASELINE SHOPPING CENTER
NWC OF BASE LINE ST. & ARROWHEAD AVE.
SAN BERNARDINO, CA
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GASKA INS
PAGE 02109
2000-100
FIRST AlW3NDMENT TO LEASE
Baseline Shopping Center
SAN BERNARDINO POLlCE
COMMUNITY SERVICE OFfICE
THIS FIRST AMENDMENT TO LEASE ("Amendment") dated March 9, 2000 is made by
and between Galstian Family Trust ("Landlord"), and The City of San Bernardino, a mlU1icipa[
corporation, (herein called "Tenant").
WITNESSETH
WHEREAS, on or about May S, 1991, Landlord and Tenant entered into that certain lease
of the same date ("Lease") whereunder Landlord demised to Tenant certain store space in the
Baseline Shopping Center ("Building") located at 334 W. Baseline, San Bernardino, CA,thereof
consistil1$ of approximately (1,250) square [-ect ("Premises'~; and
WHEREAS, Landlord and Tenant desire to amend the Lease to reflect the expansion of the
Premises to include 336 West Baseline.
NOW THEREFORE, for valuable consideration, the sufficiency of which is hereby
acknowledged, the Lease is hereby amended a.s follows:
TERN1S
1. Section Z. Premises of the lea.se is hereby amended as follows:
"The original Premises is hereby expanded to reflect the addition of approximately
1,500 square feet of space located at 336 West Baseline, resulting total of approximately 2,750
square feet which includes 534 and 336 West Baseline, and referred here.in after as "Premises".
during the entire term of the Lease."
2. Section 4. Minimum Rent of the lease is hereby deleted in its entirety and replaced
with the following:
"Tenant agrees to pay to Landlord as Minimum Rent, without notice or demand,
the annual sum of One Dollar ($1.00) in wvance, on or before the first day of each and every
successive calendar year during the term hereof.
Tenant agrees that it will, as soon as is reasonably possible after the full execution
of this Lease, commence and pursue to substantial comple.tion of the improvements to be erected
by Tenant to the extend shown on the attached Exhibit "B" labeled "Description of Tenant's
Work". The term "substmtial completion of the Premises" is defined as the date on which Tenant
I
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notifies Landlord that the Premises are substantially complete to the extend of Tenant's Work
specified in Exhibit "B" hereof, with the exception of such work as Landlord cannot complete
until Tenant performs necessary portions of its work. Tenant shall commence the installation of
fixtures, equipment, and any of Tenant's Work as set forth in said Exhibit "6", promptly in the
Premises and shall diligently prosecute such installation to completion, al1d shall open the
Premises for business not later than the expiration of 60 clays from the Term Commencement
Date.
3. Section S. Term of the lease is hereby amended as follows:
"The Lease term shall be five (5) full years, commencing upon the full execution
of the First Amendment to Lease herein referred as "Term Commencement Date", and ending
five (S) years there after unless terminated sooner pursnant to the paragraph 5 oi first
Amendment to Lease. Landlord and Tenant shall execute Memorandum to Lease in the form of
Exhibit "c" atta.ched hereto within ninety (90) days of the Term Commencement Date of the
Lease.
4. Section 8. Repairs of the lease is hereby amended as follows:
By entry hereunder, Tenant shall be deemed to have accepted the Premises in its "as is" condition.
Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good
condition and repair including without limit9.tion, the maintenance, replacement and repair of
any storefront, doors, window casements, glazing, replacing of any broken, cracked, scratched,
edged or damaged plate glass at Tenant's sole cost during the Term of the lease. Also Tenant
shall, at Tenant's sole cost and expense maintain, replace and repair any plumbing work
pertaining to the interior of the Premises, including but not limited to restroom fixtures, water
heater, sink stoppage, toilet and sink back up. Landlord shall maint9.in, repair, and replace any
other plumbing work related to the main lines serving the shopping center, including but not
limited to any sewer back ups of the main line, hydro jetting the main sewer line, any common
area plumbing. Tenant shall at Tenant's sole cost and expense maintain, replace and repair any
electrical work including but not limited to storefront sign, replacing bulbs, ballast, 2x4 light
fiXtures and their lenses, any interior electric shortage, any repair related to Tenant's dedicated
lines, pll1$s, light switches, breaker panel, and Landlord shall be responsible for the cost of any
electrical work outside of the Premises. In the event Landlord delivers new HV AC unit to Tenant,
(either in 334 or 336 W. Baseline addresses) then Tenant shall at its sole cost and expense
maintain, replace and repair the heating and air conditioning system commencins the date
Landlord delivers the same to Tenant. At 334 W. Baseline (Tenar.t's previous premises) Tel1.'lnt
shall maint9.in the units at Tenant's cost and Landlord shall be responsible to repair or replace
any major part sllch as the compressor of the HV AC unit. Tenant shall upon the expiration or
sooner termination of this Lease hereof, surrender the Premises to the Landlord in good condition,
broom clean, ordinalY wear and tear and damage from causes beyond the rearonable control of
Tenant excepted. In the event Tenant decides to change the existing glazing m the storefront and
2
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GASKA INC
PAGE 04/08
replace it with tinted glass, Tenant shall obtain Landlord's prior approval of the same prior to
such installation.
5.
following:
Section 13. Termination of the Lease is hereby deleted and replaced with the
"Landlord, and only Landlord, shall have the right to terminate the lease with ninety
(90) days advance written notice to Tenant. Tenant shall surrender the Premises to the Landlord
within said 90 days following such notice in good condition, broom clean, ordillJlry wear and
tear and damage from causes beyond the reasonable control of Tenant excepted. In the event the
landlord exercises its termination right prior to expiration of the lease Term, Landlord shall pay
to Tenant the unamortized portion of Tenant's Contribution within 15 days after Tenant delivers
the possession of the Premises to Landlord. The amount of Tenant's contribution shall be
confirmed at the completion of the Tenant's Work on Exhibit C attached herein. TellJlnt's
Contribution for the purpose of amortization shall be calculated as follows: Total cost of
construction of Tenant's Work less Landlord's Contribution in the amount of $13,000.00 herein
referred to as "Amortization Contribution" divided by 60 months, and multiplied by the
remaining months left on the Lease Term. It is agreed that the Amortization Contribution shall be
capped at $20,000.00. For p:lrpose of iIlustrating this section, if the construction cost is in the
amount of $36,000.00 and Landlord's Conn'ibution is in the amount of $13,000.00, Tenant's
Contribution is in the amount of $23,000.00, and Amortizal10n Contribution is in the amount of
$20,000.00. If the lease terminates after two (2) years Landlord shall reimburse Tenant in the
amount of $12,000.00 ($20,000.00 divide by 5 years and multiplied by 3 years). In the event the
construction cost is in the amount of 528,000.00 Landlord's Contribution is in the amount of
$13,000.00, Tenant's Contribution is in the amount of $15,000.00, and Amortization
Contribution is in the amount of $15,000.00. If the lease terminates after two (2) years Landlord
shall reimburse Tenant in the amount of $9,000.00 ($15,000.00 divide by 5 years and multiplied
by 3 years).
6. Section 17. ~ is hereby amended as follows:
"Tenant agrees to submit to Landlord for Landlord's prior written approval a
drawing for its new storefront sign & Pylon Sign. Tenant shall install its panel on both sides of the
Pylon Sign (in same location of the previous coin laundry store), at Tenant's cost. Tenant's new
storefront sign shall be in the form of illuminated channel lettering instaI:ed on a raceway.
Tenant shall dispose the existing sign casings on 334- 336 W. Baseline, and patch and paint the
stucco in same color, where damaged d'J.e to such removal, and Landlord will pay for the cost of
such removal and repair..
7. Section 20 Certificate of Self insurance, Tenant shall provide Landlord with the
Certificate of Self Insurance, and same shall be attached to the lease as Exhibit "0".
:3
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G~SKA IN=:
PAGE 05/09
8. Tenant's Work:
Upon execution of the First Amendment to Lease, Tenant shall proceed with the
Tenant's Work at Tenant's cost as further outlined in Exhibit "B" hereby refen'ed as "Tenant's
Work". Prior to commencement of Tenant's Work, Tenant shall provide to Ui.ndlord for
Ui.ndlord's approval a copy of buildil1$ drawing CincIudil1$ but not limited to any mechanical or
plumbing drawil1$s), all the information pertaining to the Tenant's contractor including but not
limited to contractor's license number, certiflcate of insurance, proof of worker's compensation.
Tenant shall indemnify and hold harmless Landlord against and from any and all claims arising
from Tenant's Work in the Premises and from any activity, work, or other things done permitted
or suffered by the Tenant in or about the Premises, and shall further indemnify and hold
harmless Landlord against and from any and all claims arising from any breach or default in the
perfol'nJance of any obligation on Tenant's part to be performed under the terms of this Lease, 01'
arising from any act or neglisence of the Tenant, or any officer, agent, employee, guest,
contractor or invitee of Tenant, and from all costs, attorney's fees, ar.d liabilities incurred in or
about the defense of any such claim or any action or proceeding brought thereon and in case any
action or proceeding be brought against Landlord by reason of such claim, Tenant upon notice
from Landlord shall defend the same at Tenant's expense by counsel reasonably satisfactory to
Landlord.
Upon completion of Tenant's Work, Landlord shall pay to the City of San BetTh'U'dino Finance
Office the amount of Thirteen Thousand Dollars ($13,000.00) hereby referred as "Landlord's
Contribution" within 15 days of the following; a) receipt of final building inspection approval
from city of San Bernardino building department, and certificate of occupancy; b) receipt of
unconditional lien releases upon final payment, from the contractor and any subcontractor; c)
receipt of the permitted bu.ilding drawings related to the Tenant's Work.
Tenant shall pay for Tenant's Work per Exhibit "B" hereby referred as "Tenant's Contribution".
Landlord and Tenant shall sign the Exhibit "C" attached herein upon the completion of Tenant's
Work to confirm the amount of Tenant's Contribution.
9. 334 W. BASELINE.
Tenant shall continue its occupancy and business at 334 W. Baseline space,
during the Tenant's Work. Landlord or its agent or contractors shall not be obligated or
responsible to move any furniture, store or cover the sante during the Tenant's Work. It is
Tenant's responsibility to remove, relocate, store, and secure its personal property, including but
not limited to computers, files, filing cabinets, furniture, printers, copy machine ant etc.
10. This Amendment contains all of the agreements of the parties hereto \V'ith respect
to the matters contained herein, and no prior agreement, arrangement or understanding
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GASKA Ie;::;
PAGE 02/03
pertainins to any such matters shall be effective for any purpose. Nothing in this Amendment
shall be deemed to waive or modify any of the provisions of the lease, except as expressly stated
herein, which provisions shall remain unchanged and in full force and effect.
11. This Amendment shall bind and inure to the benefit of the heirs, representatives,
successors and assi,gns of the parties hercto.
In the event that this Amendment has not been accepted and signed by Tenant by
April 17, 2000 then this Amendment shall be llull and void in its entirety and of no force and
effect upon either party.
IN WITNESS WHEREOF, this Amendment is entered into by the parties as of this K7~
day of HA Y ,2000.
I Clerk
~~l~___
iJty Attorney
5
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GASKA INC
PAGE 07/05
EXHIBIT "B"
Description of Tenant's Work
Tenant shall commence the Tenant Improvements first in the 336 W. Baseline and upon
substantial completion of the same shall proceed to make the openings in the demising wall,
and continue the improvements in the 334 W. Baseline. Tenant's Work is pursuant to the
attached floor plan, attached construction estimate breakdown provided by Koston
Construction, and includes but it is not limited to the following:
334 W. Baseline:
. To make two openings in the demising wall 8 feet high, and install one interior door
with passage lock as sho\\'Il on the plan.
o To make two window openings on the walls in sergeant and lieutenant offices
facing reception area to match the existing window in Lieutenant's office, and
install the sliding glass on both.
o To install cabinet with counter top in the waiting area, ar.d a short gate next to it.
. To install one new wall, ceiling height, in the sergeant's office.
. To paint those areas that has been damaged due to the above work
. To patch and repair the existing floor covering if damaged due to above work.
. To readjust the ceiling light and IN AC outlet in the sergeant's office if necessary.
. To build two walls 8' high for the bike area.
. Landlord shall not be responsible for any new electrical, plumbing, sprinkler, and
I-IV AC work.
. Tenant shall be responsible to remove, cover, or secure any personal property,
furniture, and fixtures of the Tenant.
336 W. Baseline:
. To demo the old tenant improvements including a portion of the demising wall that
includes ductll1g. To remove the swamp coolers from the roof if there is any and re
roof the opening to waterproof the same, demo the ceiling, and ducting. To cap
any exposed plumbing level with the adjacent surface.
. To construct the conference room where provided in the plan, the walls to be at
ceiling height, and install two interior hollow door with privacy hardware.
. To construct one large office next to the restroom with the walls at the ceiling
height and install one interior hollow door with privacy lock (\vith keys) hardware
o To bring the existing restroom to the ADA requirements. Install toilet and a sink,
handicap grab bar, one mirror, ceiling light/fan, toilet tissue holder, soap
dispenser, and paint the walls, and install vinyl floor covering standard of the
shopping center. Landlord shall not pro\ide any new hot water heater.
. To construct four (4) small offices as per plan with walls minimum of 8' high. To
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2000-100
install four hollow interior doors with passage hardware.
. To install carpet and pad similar to the existing in 334 W. Baseline at minimum
$10.00 per yard including pad and installation.
· To install a newT-bar drop ceiling at existing ceiling height (10' hIgh, same level of
the sprinkler heads). To install insulation on top of the T bar ceiling. To install Zx4
ceiling tiles (standard style of the shopping center) \vith seismic hangers to the code.
. To install Zx4 recessed fluorescent lights, electronic ba.llast, (standard of the
shopping center) with seismic hangers to the code.
. To install electric outlets as required per code. To install light s'-"itches in the
conference room and the large office.
. To install new lNAC ducting, and install one new four (4) ton lNAC unit (Carrier
or Dav and Night if anv other brand to obtain Landlord's prior approval) If needed.
and one thermostat. Tenant sha.ll be responsible at Tenant's cost to nw.intain,
repair and replace the HV AC duriro: the term of the lease. Tenant shall transfel' anv
warranties from the manufacture to Landlord at the termilliltion of the lease.
. To paint the walls in semi gloss off white color.
. The storefront and main entry shall stay" as is". In the event Tenant desires to
install tinted glass Tenant shall obtain Landlord's advance written approval.
. The existing sprinklers shall stay "as is" or relocated due to installation of any new
walls pursuant to the city codes. In any event the Premises shall have sprinklers.
. Landlord shall not be responsible for any cabinetry work.
Tenant shall do the following tenant improvements at Tenant's sole cost and not include the
same in Tenant's Contribution.
. Tenant shall pay any fees related to obtaining i:s business license for the Premises.
· Tenant shall be respcnsible for installation of any additional lighting including but
not limited to h'ack lights, security lights, motion detectors, dedicated computer
lines, telephone jacks or equipment, any add.itional plumbing work, and etc.
. Tenant shall remove, store and secure its personal property, including but not
limited to, furniture and fixtures. Tenant shall install all its fixtures.
· Tenant shall pay for any cleaning fees including but not limited shampooing
existing carpet in 334 W. Baseline.
. Tenant shall not install any security gates in the storefront on the exterior of the
building. Farther, prior written approval of Landlord is required for installation of
any secarity gates, which should be installed from inside of the Premises and be able
to fold back during the business hours.
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"EXHIBIT A"
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BASELINE SHOPPING CENTER
NWC OF BASE LINE ST. & ARROWHEAD AVE.
SAN BERNARDINO, CA
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CONST~UCTION ESTIMA TE
PROJI!CT REHAB 334 W. BASELlNE;S.B.P.D.
OWNER POUCE SUB.ST A TION
ADDRESS 334 W. BASEUNE ST.
CITY SAN BERNARDINO,CA.. 92401
ATTN; ATTN: SGT. GARCIA
DESCRIPTION OF ITEM
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E. TELI!PHONE DATA OUl1.I!TS
F. FIRE,BURGLER ALARM SYSTEM
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Feb. 28 2000 01:25PM P1
PRINT
1/31100 KOSTON CONSTRUCTION
2117I0Il lU3 W. RlAlTO AV.
SAN BI!RNARDINO,CA.,'2410
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1.200.00
385.00
1.810.00
552.00
2,944.00
1.500.00
100.00
1.650.00
675.00
200.00
110.00
10~.00
600.00
300.00
3.790.00
350.00
175.00
125.00
o Labor
HRS. RATE
o $
o $
o $
$
$
$
$
$
$
$
$
$
$
$
$
$
S
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
TOTAL
$
$
$
$
$
$
$
S
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
S
$
$
$
$
$
$
$
S
$
$
$
$
S
$
$
S
'/
FROM KOSTOIiOOlfJSifWCT I ON PHONE NO. 909 BB4 0559 Feb. 2B 2000 01:26PM P2
OLD FACtA REMOVE & REPlJ\CE NONE $ $ $ $
NEW FACIA NONE $ $ $ $
FACIA BRACING REPAIR; NONE $ $ $ $
ROOF FRAMING,NeW AND OLD NONE $ $ $ $
ROOF SHEETING NONE $ $ $ $
EXTERIOR WALL SHEETING NONE $ $ $ $
FLOOR FRAMING NONE $ $ $ $
FLOOR SHEETING NONE $ $ $ $
FLOOR REPAIR NONE $ $ $ $
$ $ $ $
$ $ $ $
$ $ $ $
$ $ $ $
14.MILl WORK: DOORS & FRAMES EA. $ 180.00 9 $ 1,440.00 $ $
CASING NONE $ $ $ $
BASE LIFT. $ 1.80 464 $ 742.40 $ $
CAIlINETS NONE $ o $ $ $
COUNTER TOPS lJFT. $ 25.00 8 $ 200.00 $ $
BATH WAINSCOAT; FRP SOIFT $ 3.60 128 $ 448.00 $ $
$ $ $ $
lS.CEILING SUSPENDED T.BAR 8QIFT $ 1.00 1300 $ 1.300.00 $ $
INSUlJ\ TION-.R-30 NONE $ 0.72 1300 $ 9:16.00 $ $
CEILING PANELS SQ1FT $ 0.52 2450 $ 1,274.00 $ $
l6.HARDWARE; DOOR LOCK BETS EA. $ 50.00 9 $ 450.00 $ $
TOIlET AREA ,MIRROR,H.C. BARS LOT $ 150.00 1 $ 150.00 $ $
$ $ $ $
17.PAINTlNG; INTERIOR SQIFT $ 0.40 6000 $ 2,400.00 $ $
EXTERIOR NONE $ $ $ $
WATERBlJ\STING NONE $ $ $ $
16.FLOORS; CARPET weill aide SQJYO $ 11.50 144 $ 1,656.00 $ $
VINYL BATH LOT $ 160.00 1 $ 160.00 $ $
TILE NONE $ $ $ $
19.1ANDSCAPING; SPRINKLER SYSTEM: NONE $ $ $ $
20.GLAZING: WINDOWS INTERIOR EA. $ 200.00 3 $ 800.00 $ $
$ $ $ $
21,APPLlANCE'S; NONE $ $ $ $
$ $ $ $
$ $ $ $
31.CLEAN UP: $ 175.00 $ 175.00 $ $
32.DUMPSTER: LOT $ 357.00 $ 357.00 $ $
GENERAL NOnS: SUB-TOTALS $ 28.819.40 o XXXXXXX $
1.EQUIPMENT TO BE REMOVED BY OTHERS.OR EXTRA COST BY US. TOTAL $ 28.619.40
2. THIS PlAN IS FIGURED ON DOING WORK WITH AREA BEING IN USE AND PlAN CK. e1lowanee $ 300.00
WORKING TOGETHER. PERMIT Blowanee $ 500.00
3,ALl REQUIREMENTS FOR PARKING,HANDICAP,sCHOOL FEES,OR COST OF ANY EQUIPMENT $
KINO NOT PRICED ABOVE ARE NOT PART OF THIS ESTIMATE. FREIGHT
ENG.DRAWlN( FOR PERMlTlNG $ 750.00
NDTE;ALL ESTIMATE'S AND DRAWINGS ARE PROPERTY OF KOSTON CONSTRUCTION SUS TOTAL $ 30,189.40
AND ARE NOT TO BE USED BY Nf( ONE WITH OUT WRITTEN PERMISSION FROM OVERHEAD 10% $ 3.018.94
JERRV KOSTON .COST FOR USING OUR DESIGN AND ENGINEERING IS $750.00 FOR PROFIT 5% $ , ,659.32
USE IN /VlV MANER.
ITHANK YOU JSRRV KOSTON IN5.1.5% $ 522.68
TOTAL ESTIMATE $ 7
03/22/2000 C~:47
5458549
GASKA INC
PAGE 09/09
2000-100
EXHIBIT C
Memorandum to Lease
Store #
Location
PurSUAnt to the First Amendment to Lease dated March 9, 2000, Landlord delivered to Tenant
possessio11 of the Premises, 011 . The Term Commencement Date of this Lease is
and expires on . The Landlord's Contribution is in the
amount of $13,000.00, and the Tenant's contribution is in the amount of $
The Amortization Contribution is in the amount of $20,000.00
"Landlord"
~sti.an' Trustee
Galstian Family Trust
City Attorney
This Lease Exhibit shall be e..'lecuted by Landlord and Tenant within ninety (90) days of the Term
Commencement Date of the Lease.
g
/
MRR-22-2000 09:14
5458549
g7/:
P.09
/' ""
o'r,
2000-100
. .
~;
"
"EXHIBIT 0"
CERTIFICATE OF SELF-INSURANCE
i;'
ii"
,~ .
./~
08/19/1938 16:06
818545854'3
2000-100
GA';VA HJC
~.
.~
LEASE
Daled: June Z1, 1991
Project;
BASELINE SHOPPING CENTER
San Bernardino, CA
Le'Se<!:
CITY OF SAN BERNARDINO
PAGE 81
0' l'c. 133:,: 15: 05
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:31854S:~54 '3
2000-100
P;~I~E 02
I~A'=;f,'A HII.:
-.
RESOLUTION 91-268
RESOLUTION OF THE CITY OF SAN BERNARDItlO AUTHORIZING THE
EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
GASKA INC. FOR THE LEASE OF A COMMUNITY SERVICE OFFICE FOR SAN BERNARDINO
AT 334 WEST BASELINE.
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 Bernard i no is
hereby authorized and directed to execute on behalf of said City a
lease agreement between the City of San Bernardino and GASKA Inc. for
$1.00 per year for rental of office space located at 334 West Baseline
for the relocation of the Area 'B' Police Community Service Office.
SECTION 2. That the Police Department be authorized to
relocate the Area T~' Police Community Service Office to 334 West Base-
line and that the Council authorize funding in the amount of $1,640
for relocation and operation costs for the remainder of FY 1990/91.
I HEREBY CERTIFY that the foregoing resolution was d~ly auopted
by the Mayor and COlllllOn Counci I of the City of San Bernardino at a
/11
11/
III
/1/
III
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15: 05 818545:,543 2000-100 ,"/\=,1,:1\ IIle
RESO RE: EXECUT10N OF A LEASE AGREEMENT BETWEEN
AND GASKA INC. R THE LEASE OF A CO~JNITY SEF
F'i\I~E 03
THE CITY OF SAN BERNARDINO
E OFFICE AT 334 WEST BASELI1E
'-0.-'
1 adjourned regular
thereof,
held on the t9t.h
meeting
day of
June
. 1991, by the followin9 vote, to wit:
Council Members AYES NAYS ABSTAIN
ESTRADA x
REILLY ---~
x --
HERNANDEZ x
MAUDSLEY x
MINOR x
POPE-LUDLAM x
MILLER x
C(~Ci~
The foregoing resolution is
hereby
June
, 1991.
approved t his
,../""
,..
21st
day of
/"7 1/'
/ ,"" /./
~ .</~~ ./-/"./." /---:-/~../ .:<:
,> .~'Z ,,/ // ~--' ,/'"
w .R". HGlCOMB', Mayor
City of San~ernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
?C~
O:~:18!1398 16:85
:3185-15:=l~43
2000-100
GASVA It Ie
PAGE 8-1
Res..
91-268
RECEIVED MAYO 7
:~91
1
2
3
SHOPPING CENTER LEASE
BASELINE CENTER
4
1.
PARTIES.
5
6
This Lease, dated as of this 8~ day of Jj~~_,
1991, is made by and between the GALSTIAN FAMILY TRUST (herein
7 called "Landlord") and THE CITY OF SAN BERNARDINO, a municipal
8 corporation, (herein called "Tenant").
9
10
2.
PREMISES,
II hereby lease from Landlord, that certain space (herein called
12 "Premises"), having dimensions of approXimately twenty-five (25)
13 feet in fron~age by fifty (50) feet in depth and containing
Landlord does hereby lease to Tenant, and Tenant does
14
approximately 1250 square feet of floor area.
The location and
15 dimensions of said Premises are delineated on Exhibit "A"
16 attached hereto and incorporated by reference herein. Said
17 Premises are located in the City of San Bernardino, County of San
18 Bernardino, State of California, commonly known as 334 West
19 Baseline, at Baseline Shopping Center.
20
This Lease is SUbject to the terms, covenants and
21 conditions herein set forth and the Tenant Covenants as a
22 material part of the consideration for this Lease to keep and
24 it to be kept and performed.
23 perform each and all of said terms, Covenants and condi t10ns by
25
3.
USE.
26 Tenant shall use the Premises for a Police Community
27 SerVice Office for the POlice Department of the City of San
.28 Bernardino and shall not use or permit the Premises to be used
JNM/bg [ShopCntr.LseJ
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fjASVA ! f'IC
PAGE 0':,
2000-100
1
2
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4
for any other purpose without the prior written consent of
Landlord.
4.
MINIMUH RENT.
Tenant agrees to pay to Landlord as Minimum Rent without
5 notice or demand, the annual sum of One Dollar ($1.00), in
6 advance, upon the execution of the Lease Agreement.
7 Landlord agrees that it will, at its sole cost and expense,
S as soon as is reasonably possible a,fter the execution of this
9 Lease, commence and pursue to completion the improvements to be
10 erected by Landlord to the extent shown on the attached Exhibit
11 "B" labeled "Description of Landlord's Work and Tenant's Work".
12 The term "substantial completion of the premises" is defined as
13 the date on which Landlord notifies Tenant in writing that the
14 Premises are substantially complete to the extent of Landlord's
15 work specified in Exhibit "0" hereof, with the exception of such
16 work as Landlord cannot complete until Tenant performs necessary
17 portions of its work. Tenant shall commence the installation of
18 fixtures, equipment and any of Tenant's work as set forth in said
19 Exhibit "0" promptly upon substantial completion of Landlord's
20 work in the Premises and shall diligently prosecute each
21 installation to completion and shall open the Premises for
22 business not later than the expiration of said thirty (30) days.
23
5.
TERM.
24 The Leas~ term shall be two (2) full years, commencing upon
25 the date of thq full execution of the Lease Agreement and ending
26
two full years thereafter.
The parties hereto acknowledge that
27 certain obligations under various articles hereof may commence
,28 prior to the Lease term, i.e. constructions, hold harmless, etc.;
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8185458548
GASlc A Hie
P~\GE 86
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..--'
~.
1 and the parties agree to be bound by these articles prior to tho
2 commencement of the Lease term.
3
6.
USES PROHIBITED.
4 Tenant shall not do or permit anything to be done in or
5 about the Premises nor bring or keep anyth.inU therl'lill which in
6 not wi thin the permitted use of the premisee which wi 11 in allY
7 way increase the existing rate of or affect any fire or other
8 insurance upon the building or any of its contents or cause the
9 cancellation of any insurance policy covering said building or
10 any part thereof, or any of its contents.
11 . Tenant shall not use the Premises for jail purposes,
12 Tenant shall not commit or allow to be committed any waste
13 in or upon the Premises, nor to dispose of any toxic or
14 contaminated or potentially contaminated material, waste and/or
15 substance whatsoever in any manner on or around said premiSes.
16
17
7.
ALTERATIONS AND ADDITIONS.
Tenant shall not make or allow to be made any alterations,
18 additions or improvements to or of the Premises or any part
19 thereof without first obtaining the written consent of the
20 Landlord. Any such alterations, additions and improvements made
21 by Tenant pursuant to this article shall conform to every
22 applicable reqUirement of law or duly constituted authority.
23
8.
REPAIRS.
24 By entry hereunder, Tenant shall be deemed to have accepted
25 the Premises as being in good sanitary order, condition and
26 repair. Tenant to have fifteen (15) days after occupancy to
27 notify Landlord of any deficiency in the heating, plumbing,
.28 electrical and air conditioning system. Landlord to repair such
JNMjbg [ShoPCntr.LseJ
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':1A':;~,A It-Ie
F'~\I:1E 87
'---.
1
2
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deficiency at no expense to Tenant. Tenant agrees to repair any
damage caused by Tenants as a result of their occupancy of
Premises.
5 of the building, inCluding the exterior walls and roof, unless
6 such maintenance and repairs are caused in part or in whole by
7 the act, neglect, fault or omission of any duty by the Tenant,
8 its agents, servants, employees, invitees or any damage caused by
9 breaking and entering, in which case Tenant shall cause to be
10 made such repairs and maintenance. Landlord shall not be liable
11 for any failure to make such repairs Or to perform any
12 maintenance unless such failure shall persist for an unreasonable
Landlcrd shall repair and maintain the structural portions
13 time after written notice of the need of such repairs or
14 maintenance is given to Landlord by Tenant.
15
9,
LIENS.
16 Tenant shall keep the Premises and the property in which
17 the Premises are situated free from any 11ens arising out of any
18 work performed, materials furnished or obligations incurred by or
19 on behalf of Tenant.
20
21
10.
ASSIGNMENT AND SUB-LETTING.
Tenant shall not, either VOluntarily, or by operation of
22 law, assign, transfer, mortgage, pledge, or encumber this Lease
23 or any interest therein, and shall not sub-let the 9aid Premises,
24 or any part thereof, or any right Or pri vi lege appurtenant
25 thereto, Or allow any other person (the employees, agents,
26 servants and invi tees of Tenant excepted) to occupy or use the
27 said Premises, or any portion thereof.
28 I I I
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818546:3543
2000-100
I,A'"f:A Hie
F'iV,E 88
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ll.
HOLD-HARMLESS.
Tenant agrees to defend, indemnify, save and hold Landlord,
its officers, agents and employees harmless from any claims or
suits that may be brought by third persons, Tenant or employees
of Tenant, on account of personal injury, death, UL damage to
property, or a property or business or personal interest, arising
7
frOm any negligent act or omission by Tenant arising out of an
incident to this Lease Agreement.
12.
UTILITIES.
Tenant shall pay for all water, gas, heat, light, power,
II sewer charges, telephone service and all other services and
12 utilities supplied to the Premises, together with any taxes
13 thereon and also any connection charges related to the above-
14
mentioned services.
If any such services are not separately
15 metered to Tenant, Tenant shall pay its pro-rata share, to be
16 determined by Landlord, of all charges jointly metered with other
17 premises.
18
13.
TERMINATION OF THE LEASE.
19 Landlord and Tenant hereby agree that both parties shall
20 have the right to terminate this Lease provided Tenant or
21 Landlord delivers thirty (30) days advanCe written notice of such
22 termination to the other Party.
23
14.
PARKING IN COMMON AREAS.
24 Landlord covenants that the parking areas at all times
25 available for the non-exclusive use of Tenant during the full
26 term of this Lease or any extension of the term hereof, provided
27 that the condemnation or other taking by any public authority or
28 sale in lieu of condemnation of any or all such common and
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May 3, 1991
5
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8185458543
G{~SI<A I ~ Ie
2000-100
'-'
'-'
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parking areas shall not constitute a violation of this covenant.
Tenant shall not park more than four (4) pOlice vehicles at
3
any time during the business hours of the shopping center at the
4
5
main parking lot.
However, Tenant has the right to park any
additional police vehicles in the rear parking lot of the center
6
known as loading and unloading area.
7
The Landlord shall keep automobile parking in common areas
8 in a neat, clean and orderly condition and shall repair any
9 damage to the facility thereof.
Tenant, for the use and benefit of Tenant, its agents,
11 employees, customers, licensees and sub-tenants, shall have the
12 non-exclusive right in common with Landlord, and other present
13 and future owners, Tenants and their agents, employees,
14 customers, I icensees and sub-tenants, to use said ~ommon and
15 parking areas during the entire term of this Lease or any
16 extension thereof, for ingress and egress, and automobile
17 parking.
18
15.
PRIOR AGREEMENTS.
19 This Lease contains all of the agreements of the parties
20 hereto with respect to any matter covered Or mentioned in this
21 Lease, and no prior agreements or understanding pertaining to any
22
such matter shall be affected for any purpose,
NO provision of
23 this Lease m~y be amended or added to except by an agreement in
24 writing signed by the parties hereto or their respective
25
successors in interest.
This Lease shall not be effective or
26 binding on any party until fully executed by both parties hereto.
27
28
16.
PARTIAL INVALIDITY.
Any provision of this Lease which shall prove to be
JNM/bg [ShopCntr.Lse]
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6
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1::1/4'31<A I He
2000-100
Fi-'<flE 10
'-
1 invalid, void, or illegal shall in no way affect, impair or
2
3
invalidate any other provisions hereof and such other provisions
shall remain in full force and effect.
4
17.
SIGNS.
5
Tenant shall not affix any sign to the roof. Tenant shall,
6 however, erect one illuminated sign casing on the front of the
7 premises, at its own cost, provided, however, that all signs are
8 subject to the prior written apprOval of the Landlord.
9
18.
SALE OF PREMISES BY LANDLORD.
10 In the event of any sale of the Premises by Landlord,
11 Landlord shall be and is hereby entirely freed and relieved of
12 all liability under any and all of its covenants and obligations
13 Contained in or derived from this Lease arising out of any act,
14 occurrence or omission occurring after the consummat:lon of such
15 sale; and the purchaser, at such sale Or any subsequent sale of
16 the Premises shall be deemed, without any further agreement
17 between the parties or their successors in interest or between
18 the parties and any such purchaser, to have assumed and agreed to
19 carry out any and all of the covenants and obligations of the
20 Landlord under this Lease.
21
22
19.
SUBORDINATION, ATTORNMENT.
Upon request of the Landlord. Tenant will, in writing,
23 subordinate its rights hereunder to the 1 ien of any mortgage or
24 deed of trll"t, to any bank, in<;lurance Company ux' other lend:lng
25 institution, now or hereafter in force against the Premises, and
26 to all advances made or hereafter to be made upon the security
27 thereof.
28 I I I
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17
18
19
20
21
22
23
24
25
26
27
28
81854~:;:354'3
lJASVt\ If'lC
PA'3E 11
2000-100
.~
.-'
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20.
CERTIFICATE OF SELF-INSURANCE.
Attached hereto and incorporated herein by reference is the
Tenant's Certificate of Self-Insurance marked E~bit "Co.
4
21.
NOTICES.
5
6
All notices and demands which mayor are to be required or
permitted to be given by either party on the other hereunder
7 shall be in writing. All notices and demands by the Landlord to
8 the Tenant shall be sent by United States Mail, postage prepaid,
9 addressed to the Tenant at the Premises and at the addresses
10 hereinbelow, or to such other place as Tenant may from time to
11
time designate to the Landlord.
All notices and demands by the
12 Tenant to the Landlord shall be sent by United stntes Mail,
13 postage prepaid, addressed to the Landlord at the address set
14 forth herein and to such other person or place as the Landlord
15 may from time to time designate in a notice to the Tenant.
To Landlord at:
c/o Gaska, Inc.
100 West Broadway, Suite 950
Glendale, CA 91210
To Tenant at:
San Bernardino Police Department
Attn: Chief of Police
466 West Fourth Street
San Bernardino, CA 92418
IN WITNESS WHEREOF the parties hereto have executed this
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
JNM/bg [ShopCntr.Lse] 8
May 3. 1991
\Y3/'11:l/ 1 'j'::!::! Ib: l:::Jb
~1~"4b~"4~
(jA~IG~ UK..:
..",.",
2000-100
r-'Abt. 1'1.
"-,"-
J;_
I Lease on the date first written herein.
.
,
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
.28
2
3
ACCEPTED AND AGREED
4
JNM/bg [ShopCntr.Lse] 9
May 3, 1991
/-'
a~~~.
Rachkel Krasney
CITY CLERK