HomeMy WebLinkAbout1997-325
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97-315
RESOLUTION
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN ESTOPPEL CERTIFICATE WITH TRI-CITIES INVESTMENT
3 COMPANY REGARDING CERTAIN REAL PROPERTY KNOWN AS THE POLICE
COMMUNITY SERVICE OFFICE FOR AREA "E", 1993 SOUTH DINERS COURT.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 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 Estoppel Certificate with Tri-Cities Investment Company
for the real property located at 1993 South Diners Court in the
City of San Bernardino.
A copy of said certificate is attached hereto marked Exhibit
"A" and incorporated herein by this reference as fully as though
set forth at length.
SECTION 2.
The authorization to execute the above
referenced agreement is rescinded if the Mayor of the City of San
Bernardino fails to execute it within sixty (60) days of the
passage of this resolution.
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97-325
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN ESTOPPEL CERTIFICATE WITH TRI-CITIES INVESTMENT
2 COMPANY REGARDING CERTAIN REAL PROPERTY KNOWN AS THE POLICE
COMMUNITY SERVICE OFFICE FOR AREA "E", 1993 SOUTH DINERS COURT.
3
4 I HEREBY CERTIFY that the foregoing resolution was duly
5 adopted by the Mayor and Common Council of the City of San
Bernardino at a joint regular
meeting thereof, held on
the
20th
day of
October
, 1997, by the following
vote, to wit:
COUNCIL MEMBERS: AYES NAYS ABSTAIN
NEGRETE x
CURLIN x
ARIAS x
OBERHELMAN x
DEVLIN x
ANDERSON x
MILLER x
ABSENT
~~--
City Clerk
The foregoing resolution is hereby approved this
,:;2;;" ~
day of
October
, 1997.~~ '
'l~
T~r, ayor
City of San Bernardino
Approved as to form and legal content:
JAMES F. PENMAN,
City ~ttorney
i! -j ...
By : \- i.ti ,,^--, 7 " I".o<v>"}~......
(J
.,
"A.'f 97-325
Estoppel Certificate
Re: Lease Dated: 09/26/96
Commencement Date: 11/01/96
Termination Date: 10/31/97
Landlord: Tri-Cities Investment Co.
Tenant: City of San Bernardino Police Community Service
Premises: Suite 1993
Approximately 1,300 square feet
located at 1993 S. Diners Court, San Bernardino, CA 92408
Monthly Rent:
.00
Security Deposit: .00
I1rJw""-t1..... RE,..,r- IJ 11'.00,
Monthly Common Area Maintenance Charges:
.00
CERTIFICATE CONTINUED ON PAGE 2 FOLLOWING
Estoppel Certificate, Page 1
E>(HIt3/T "A"
J9-~
,-
97':'325-
Aquitech, Inc.
625 S. San Pedro St.
Los Angeles, CA 90014
Ladies and Gentlemen:
The undersigned tenant under the above-referenced lease, ("Tenant"). hereby
certifies as follows:
1. The undersigned is the Tenant under the above-described lease (the
"Lease") covering the above-referenced Premises ("Premises").
2. The Lease is in full force and effect and constitutes a binding obligation of
Tenant. The Lease constitutes the entire agreement between Landlord and Tenant
with respect to the Premises and the Lease has not been modified, changed, altered
or amended in any respect except as follows:
IV c> 0 171 HZ--- C-I-+ A,.,/ 4 E;-J
3. The lease commencement date, monthly rent, security deposit, and
common area maintenance charges as set forth above are true and correct.
4. Tenant has accepted possession and is the actual occupant in possession
and has not sublet, assigned or hypothecated or otherwise transferred the Lease.
All improvements to be constructed on the Premises by Landlord have been
completed to the satisfaction of Tenant and accepted by Tenant and any tenant
construction allowances have been paid in full. All of the Landlord's obligations
which have accrued prior to the date hereof have been performed.
5_ Tenant is not entitled to any free rent, partial rent, rent rebates or other
economic inducement or concession except as specifically set forth in the Lease.
6. Tenant has not assigned the Lease or sublet the Premises or any portion
thereof.
7. Tenant does not have an option or right of first refusal or other right to
purchase the Premises or the Property or any other interest in the Premises or the
Property.
8. Tenant has no option or other right to renew, extend the Lease, or expand
the Premises except as provided in the Lease.
9. All insurance required of Tenant under the lease has been provided by
Tenant and all premiums paid_
Estoppel Certificate, Page 2
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97-325
10. As of the date of this Certificate, Tenant is not in default in the
performance of the lease, has not committed any breach of it, and no notice of
default has been given to Tenant.
11. As of the date of this Certificate, the landlord is not in default in the
performance of the lease, has not committed any breach of it, and no notice of
default has been given by Tenant to landlord.
12. Tenant has no claim against the landlord for any claim, deposit, or sums
owed except for any amounts described above.
13. As of the date of this Certificate, Tenant has no defenses or offsets
Tenant could allege in any action brought against Tenant for rents, or other
amounts accruing under the lease on or after the date of this Certificate.
14. Tenant makes this certificate with the understanding that Aquitech, Inc.
or its assignee (the "Buyer') is considering buying the Property, and that if Buyer
does purchase the Property, it will do so in material reliance on this Certificate.
15. Tenant agrees that, on Buyer's acquiring ownership, Tenant will attorn
and does attorn to Buyer, agreeing to recognize Buyer as lessor under the lease on
the condition that Buyer agrees to recognize the lease as long as Tenant is not in
default.
Date:
Name of Tenant:
Signature of Tenant or Authorized Person
Estoppel Certificate, Page 3
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97-325
LEASE
j, THIS LEASE is made and entered into this c16fi day
of ~ ' 1996, by and between TRI CITIES INVESTMENT COMPANY
herein referred to as "Lessor" and THE CITY OF SAN BERNARDINO ,
herein referred to "Lessee".
The Lessor and Lessee mutually agree that:
1. Lessor is the owner of the premises described as 1993
S. Diners Court in the City of San Bernardino and desires to lease
said premises to the Lessee for use as a community 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 Lessor, as herein provided, the premises located at 1993
South Diners Court, City of San Bernardino, County of San
Bernardino, State of California, and appurtenant rights. The Lessee
shall have full and unimpaired access to the premises at all times
and the nonexclusive right to use common areas, including parking
areas.
3. The term
beginning November 1
of this lease shall be for one year,
, 1996 and ending October 31 1997.
,. 4. The total rent for said premises shall be Sl.OO (one
dollar) annually. 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 155 West Hospitality Lane, Suite 250, San Bernardino,
California 92408.
s. The premises are leased to be used as a community
service 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 electricity,
gas, water, and rubbish removal. The Lessee shall pay for telephone
service.
1.
OCT-13-97 .07:49
OCT-13-1997 07:58
97-325
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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 it's authorized
representatives.
8. The Lessee shall have the right to install SUch
fixtures as are necessary for the proposed use of the premises, and
such fixtures shall not become part of the real property.
9, The Lessee may make such repairs and improvements as
are required to fit the premises for the proposed use,
10. The Lessor agrees to procure and maintain in force
during the term of this lease and any extension thereof, at it's
expense, fire insurance on the real property in an amount
sufficient to protect the Lessor's interest.
11. The Lessee shall be responsible for any signage and
may erect or display this signage on the premises depicting the use
of the premises.
12. The Lessee shall hold the Lessor harmless from all
damages arising out of any injury to any person or property
occurring in, on or about the premises, except the Lessor shall be
liable to the Lessee for damage resulting :crom the act.s or
omissions of the Lessor or duly authorized representatives, and the
Lessor shall hold the Lessee harmless from all damages arising out
of any damage caused by the Lessor or the Lessor's authorized
representatives.
13, The Lessee shall have the right to terminate this
lease for any reason by giving two week's advance written notice to
the Lessor, and this lease shall terminate two weeks thereafter.
14. 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 it's obligations
under this lease.
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97-325
15. 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"
IILessee"
TRI CITIES INVESTMENT
155 W. Hospitality Lane,
Suite 250
San Bernardino, CA 92408
Attn: Cozette Dunlap
Chief of Police
710 North D Street
San Bernardino, CA 92401
IN WITNESS THEREOF, the parties executed this lease on
the date first above written
LESSOR:
TRI CITIES INVESTMENT COMPANY
By:
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LESSEE:
THE CITY OF SAN BERNARDINO
------~
~{ )~t"~
By:. t ' -- '-
Tom. . nor, Mayor
City of San Bernardino
ATTEST:
c~~
Approved as to fo=
and legal content:
James 7!. p"'''',,"~n
City Attorney
By: L 7L.~
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