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RESOLUTION NO. 97-348
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE AGREEMENT WITH TRI-CITIES INVESTMENT
COMPANY FOR LEASE OF CERTAIN REAL PROPERTY KNOWN AS THE POLICE
COMMUNITY SERVICE OFFICE FOR AREA "E" 1993 SOUTH DINERS COURT.
THE TERM OF THE AGREEMENT IS FOR A PERIOD OF ONE YEAR.
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 Tri-Cities Investment Company, for the
lease of the real property located at 1993 South Diners Court 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referenced agreement is rescinded if the parties to the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 of this resolution.
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97-348
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE AGREEMENT WITH TRI-CITIES INVESTMENT
COMPANY FOR LEASE OF CERTAIN REAL PROPERTY KNOWN AS THE POLICE
COMMUNITY SERVICE OFFICER FOR AREA "E" 1993 SOUTH DINERS COURT.
THE TERM OF THE AGREEMENT IS FOR A PERIOD OF ONE YEAR.
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 regular
meeting thereof, held on the
1st
December
1997, by the
day of
following vote, to wit:
COUNCIL MEMBERS: AYES
NEGRETE x
CURLIN x
ARIAS X
OBERHELMAN x
DEVLIN x
ANDERSON x
MILLER x
ABSTAIN
ABSENT
NAYS
.xiand1r.iU!t1prlLntL.l) 'lL~
City C).~r~ I I j1u?
The foregoing resolutiOh is hereby approved this i?-
, 1997 --;en1 }j(t/~
Tom Minor, Mayor
City of San Bernardino
day of
Pecember
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
J
f~,
97-348
LEASE
". ", THIS LEASE is made and entered into this '3/~/ day
of v-v-,,,,tv:;; , 1997, by and between TRI CITIES INVESTMENT COMPANY
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
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.
beginning
3. The term of this lease shall be for one
November 1 ,1997 and ending October 31
year,
, 1998.
4. The total rent for said premises shall be $1.00 (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.
5. 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.
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97-348
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
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 its
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 from the acts 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 weeks 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 its
obligations under this lease.
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97-348
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:
"Lessorll
IILesseell
TRI CITIES INVESTMENT
155 W. Hospitality Lane,
Suite 250
San Bernardino, CA 92408
Attn: Olin Koch
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: ,~~p ,f/;P&-/~C2?
""00 --Y"--1~4'~ /6~
LESSEE:
THE CITY OF SAN BERNARDINO
B~Ut/~~
I """
ATTEST:
,daJ~})Wdi;{{-1lJpPU1fJ
City Clerk
Approved as to form
and legal content:
James F. Penman
City Attorney
By:
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