HomeMy WebLinkAbout1997-364
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RESOLUTION NO. 97-364
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE AGREEMENT WITH SAN BERNARDINO JUNIOR ALL-
AMERICAN FOOTBALL, RELATING TO CERTAIN REAL PROPERTY LOCATED
EAST OF MT. VERNON A VENUE ON THE NORTH SIDE OF NINTH STREET AND
COMMONLY KNOWN AS 1244 WEST NINTH STREET.
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 a lease agreement with the San Bernardino Junior All-American
Football, relating to certain real property located East ofMt. Vernon Avenue on the North side of
Ninth Street, and commonly known as 1244 West Ninth Street, a copy of the lease is attached
hereto as Exhibit "A" and made a part hereof.
SECTION 2. The authorization to execute the above referenced agreement is rescinded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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11/24/97
91-364
. RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE SAN
BERNARDINO JUNIOR ALL-AMERICAN FOOTBALL LOCATED AT 1244 WEST NINTH
STREET
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council f the City of San Bernardino at a joint regular meeting thereof
4 held on the l5th
day of December
, 19~, by the following vote,
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to-wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
x
NEGRETE
CURLIN
x
x
ARIAS
x
OBERHELMAN
DEVLIN
x
ANDERSON
x
MILLER
x
.
/] . 'i" j
.1-\+ <:..1",(. l.{ A' fLIe
City Cl~
The foregoing resolution is hereby approved this I?d day of December
,19 97 .
---- )~
/r5-::n'l /, Aa;,,~
TOM MINOR, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City A~Orney
By: .
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11124/97
2
97 364
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LEASE AGREEMENT - LEASE NO. 15.06-121
This Lease is made as of this --1- day of /)r;UrNlA6/1 , 199-2, by and between
the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as
"Lessor", and SAN BERNARDINO JUNIOR ALL-AMERICAN FOOTBALL, hereinafter
referred to as "Lessee".
Recitals
This Lease is made and entered into with respect to the following facts:
WHEREAS, Lessor is the owner of the property herein described as a portion of Lot 8,
Block 19, Rancho San Bernardino, as per Map recorded in Book 7 of Maps, Page 2 records of
the County Recorder of San Bernardino County, and the structure commonly known as 1244
West Ninth Street; and
WHEREAS, said structure is not now needed for municipal use and is not considered
for municipal use during the term hereof; and
WHEREAS, Lessee desires the use of said structure,
NOW, THEREFORE, in consideration of the rental hereafter reserved and agreed to
be paid to Lessor by Lessee and the mutual promises, obligations, agreements and covenants
hereinafter set forth and the faithful performance thereof, the parties hereby mutually agree as
follows:
1. ProDertv Leased.
Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, that certain
property and structure, as is, located East ofMt. Vernon Avenue, on the North side of Ninth
Street, commonly known as 1244 West Ninth Street, in the City of San Bernardino, County of
EXHIBIT "A"
. 97-364
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San Bernardino, State of California, together with the exclusive use of the parking facilities
adjoining said structure. Said property is attached Exhibit "A".
2. Term.
The term of this lease shall be for a period of three (3) years commencing December 1,
1997 and ending November 30, 2000.
3. Rental Pavments.
Lessee agrees to pay and Lessor agrees to accept as rental for said premises during the
term hereof, a monthly rental of One Hundred dollars ($100.00). Said rental payments shall
be paid on or before the first Monday of each month and made payable to the Lessor,
Attention: Real Property Section, 300 North "D" Street, San Bernardino, CA 92418.
4. Use of Premises.
The premises are leased to the Lessee for use as an office, a meeting place, and for
storage of equipment, materials, and supplies utilized by Lessee. Lessee agrees not to use the
premises, nor to permit their use or the use of any part of them, for any other purpose. No
organized athletic contact shall be allowed on the premises.
5. Termination.
This Lease shall be terminable at the option of either party upon the service of thirty
(30) days advance written notice of such termination to the other party. Upon termination of
this Lease, Lessee shall surrender the property occupied by this Lease in as good condition as
it was at the time Lessee took possession, subject to the conditions herein set forth.
6. ImDrovements.
Lessee shall not make, or suffer to be made, any alterations to the leased premises, or
any part thereof, without the prior written consent of Lessor. Any and all alterations and/or
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97-364
improvements made to the demised premises pursuant to this section shall, upon termination
of this Lease agreement, remain as a part of the premises and at no cost or obligation to the
Lessor.
7. Maintenance and Oneration.
Lessee is familiar with the leased premises and has knowledge of the present
conditions that exist thereon. Lessee shall, at Lessee's own cost and expense, keep and
maintain all improvements thereon in good condition and repair, both as to the exterior and
interior portions thereof. Lessee shall provide or cause to be provided, all security services,
custodial services, janitorial services, lawn maintenance services, and weed abatement
services that are required for the proper care and use of the premises. Lessee shall use all
reasonable precaution to prevent waste, damage or injury to the property. Lessor shall, at
any reasonable time, have the right to go upon the property and inspect and examine the same
relative to such maintenance and upkeep.
8. Utilities.
Lessee shall pay for all electricity, gas, water, refuse service, telephone service, and all
other services and utilities, including service installation fees and charges for such utilities
which are not or may hereafter be provided to the leased premises as to any charges or fees
accruing during the term of this Lease. If Lessee desires additional utilities and/or utility
services to the premises, Lessee must first obtain written consent from Lessor.
9. Ownership.
Lessee acknowledges Lessor's title, paramount interest and ownership of the subject
property, and Lessee agrees never to claim, challenge, or contest said title, ownership or
interest of Lessor.
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10. Taxes/Possessorv Interest.
Lessee covenants during the term of this Lease to pay, when due, all taxes and
assessments that may be assessed or imposed upon the Lessee's possessory interest in and to
the premises and upon personal property located on the leased premises. During Lessee's
possession and use of the leased premises, should any taxes thereon be assessed against
Lessor, Lessee agrees to indemnify Lessor thereon.
11. Amendment.
This agreement may be amended or modified only by written agreement signed by
both parties.
12. Insurance.
(a) Fire. Lessee agrees to procure and maintain in force during the term of this
agreement and any extension thereof, at its expense, a policy or policies of insurance whereby
the CITY OF SAN BERNARDINO will be named as the primary insured against loss or
damage to the leased premises, appurtenances and permanent equipment therein, resulting
from fire, windstorm and extended perils, in a minimum amount of $100,000.00. Damage
from lightning, vandalism, malicious mischief and such perils ordinarily defined, as "extended
coverage" shall be included in such coverage. The insurance policy shall be issued in the
names of Lessor and Lessee. The insurance policy shall provide that any proceeds shall be
made payable solely to the Lessor, or, alternatively, to Lessor and Lessee, as their
interests may appear.
(b) Liability. Lessee agrees to procure and maintain in force during the term of this
lease and any extension thereof, at its expense, public liability insurance in companies and
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through brokers approved by Lessor through its Risk Manager, adequate to protect against
liability for damage claims through the Lessee's use of or arising out of the use of the leased
preIll1ses, In a minimum amount of ONE MILLION DOLLARS ($1,000,000.00)
combined single limit. Lessee shall provide to Lessor's Risk Management Division, an
annual policy of insurance, which includes:
1. The City of San Bernardino as an additional named insured;
2. The insurance company name, policy number, period of coverage and the amount
of insurance;
3. That the Real Property Section of the City of San Bernardino must be given notice,
in writing, at least thirty (30) days prior to cancellation, material change or refusal to renew
policy; and
4. Condition that Lessee's insurance will be primary to any coverage that Lessor may
have in effect.
Lessee agrees that, if such insurance policies are not kept in force during the term of
this lease, and any extension thereof, Lessor may have the option of one of the following:
(a) Procure the necessary insurance, pay the premium therefor, and that such premium
shall be repaid to Lessor as an additional rent installment for the month following the date on
which such premium is paid.
(b) Immediately declare this Lease in default, and terminate this Lease forthwith.
13. Damal!e bv Fire. Earthquake or Calamity.
If by earthquake, flood or other similar calamity or act of God, or if by fire, act of war
or other similar cause, any existing improvements, or any improvements constructed by
Lessee on the leased property are destroyed or damaged to a substantial degree, Lessee shall
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repair them when such repairs can be made in conformity with any applicable law, and if,
within ninety (90) days after the date when such destruction or damage occurs, Lessee has
not commenced repair or reconstruction, the Lessor may terminate this Lease upon forty-
five (45) days' written notice to Lessee. If so terminated, then Lessee shall, at its own
expense, and upon election by Lessor, forthwith remove any or all of the damaged
improvements.
14. Indemnification.
Lessee shall exercise its privileges under this Lease at its own risk. Lessee shall
indemnify and hold harmless Lessor, its elective and appointive boards, commissions,
officers, agents and employees from liability resulting from, arising out of, or in any way
connected with, the Lessee's operations under this agreement or Lessee's occupation of
the property, including claims resulting from the conduct of Lessee, its employees,
invitees, guests or agents of Lessee, or Lessee's failure to perform its promises in connection
herewith. Lessee shall defend Lessor, its elective and appointive boards, commissions,
officers, agents, and employees from any suits or actions at law or in equity for damages
caused, or alleged to have been caused, by reason of any of Lessee's operations under this
agreement. Lessor shall not be liable to Lessee if Lessee's occupation or use of the property
is hindered or disturbed.
15. Notices.
All notices herein required shall be in writing and delivered in person or sent by
certified mail, postage prepaid, addressed as follows:
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97-364
LESSOR:
LESSEE:
CITY OF SAN BERNARDINO
Real Property Section
300 North "D" Street
San Bernardino, CA 92418
(714) 384-5111
SAN BERNARDINO JUNIOR ALL AMERICAN
FOOTBALL
1244 West 9th Street
San Bernardino, CA 92411
(714) 889-7717
16. Condition ofPropertv UDon Surrender.
Upon termination of this agreement, Lessee agrees to surrender the said property
occupied under the Lease herein granted, in as good condition as same was at the time
of Lessee's original entry. Lessor may elect to take possession of and appropriate to itself
without payment any property of Lessee, or anyone claiming under Lessee, which Lessee
fails to remove after notice.
17. Severabilitv.
In the event this agreement, or any portion thereof, should be determined to be
void, illegal or improper, for any reason whatever, all other portions of the agreement shall
remain fully enforceable to the extent possible after such determinations.
18. Default.
In the event Lessee shall be in default in the payment of rentals, taxes, or other charges
hereunder, or shall otherwise breach its covenants or obligations hereunder, and shall be and
remain in default for a period of thirty (30) days after written notice from Lessor to it of
such default, Lessor shall have the right and privilege of terminating this Lease and
declaring the same at an end, and of entering upon and taking possession of said premises,
and shall have the remedies now or hereafter provided by law for recovery of rent and/or
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taxes, repossession of the premises and damages occasioned by such default. If such default
should occur, then Lessor shall have the right to take possession of and appropriate to itself
without payment therefor, any property of Lessee or anyone claiming under him, then
remaining on said premises.
19. Effect of Lessor's Waiver.
Lessor's waiver of breach of one term, covenant, or condition of this Lease is not a
waiver of breach of others, nor of subsequent breach of the one waived. Lessor's acceptance
of rent installments after breach is not a waiver of the breach, except of breach of the
covenant to pay the rent installment or installments accepted.
20. Dutv to Make Alterations. Additions. or Chanl!:es Required bv Law.
If, during the term of this Lease, any law, regulation, or rule requires that an
alteration, addition, or other change be made to the leased premises, the parties agree as
follows:
(a) If the alterations, additions, or changes are required as a result of Lessee's use of
the premises, Lessee will make them and bear all expense connected therewith.
(b) If the alterations, additions, or changes are required as a result of the condition or
nature of the premises at the time of execution of this Lease, not caused by use of the
premises by Lessee, Lessor will make them and bear all expense connected therewith.
21. Inspections.
Lessor, its agents, officers, or employees may enter upon the leased premises at such
reasonable times during Lessor's normal business hours as it deems necessary for the
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97-364
purpose of inspection of the premises to determine whether the terms and conditions of this
Lease are being performed and kept by Lessee.
22. Non-Discrimination.
The Lessee hereby covenants by and for itself, its heirs, executors, administrators,
employees, agents, and assigns, and all persons claiming under or through it, that there shall
be no discrimination against or segregation of any person or group of persons, on account of
race, color, religion, sex, national origin, ancestry, age, or handicap, in the leasing,
subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased,
nor shall the Lessor itself, or any person claiming under or through it, establish or permit any
such practice or practices of discrimination or segregation with reference to the selection,
location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, agents,
employees, assigns, or vendees in the premises herein leased.
23. Assienments: Sole Occunancv.
Lessee shall not assign this Lease or sublet the leased premises or any part thereof
without obtaining the prior written consent of the Lessor. The parties contemplate that
Lessee shall be the sole occupant of these premises, and the rental rate is established
based in part thereon. Any change in occupancy constitutes a material breach of this
agreement.
24. Eminent Domain.
If the whole of the leased premises, or so much thereof as to render the remainder
unusable for the purposes for which the same was leased, shall be taken under the power of
eminent domain, then this Lease shall terminate as of the date possession shall be so taken.
If less than the whole of the leased premises shall be taken under the power of eminent
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97-364
domain, and the remainder is usable for the leased purposes, then this Lease shall continue in
full force and effect and shall not be terminated by virtue of such taking and the parties
may waive the benefit of any law to the contrary, in which event the parties shall determine
if a partial abatement of the rent hereunder is justified. Any award made in eminent domain
proceedings for the taking or damaging of the leased premises in whole or in part shall be
paid to the Lessor (together with any other money which shall be or may be made available
for such purposes).
25. Lease Breached bv Lessee's ReceivershiD. Assimment for Benefit of Creditors.
Insolvencv, or BankruDtcv.
Appointment of a receiver to take possession of Lessee's assets, Lessee's general
assignment for benefit of creditors, or Lessee's insolvency or taking or suffering action under
the Bankruptcy Act is a breach of this Lease and shall terminate same.
26. Lease ADDlicable to Successors, Etc.
This Lease and the terms, covenants and conditions hereof apply to, and are binding
on the heirs, successors, executors, administrators and assigns of the parties hereto.
27. Entire Al!:reementlLease.
This document represents the entire, total, and complete agreement and no other
written and/or oral agreements exist in this regard.
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97-364
1 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date
first above written.
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10 DATED: I;),' n ,17
LESSOR: CITY OF SAN BERNARDINO
DATED:
iJ.,-f7f{1
---; ~~ftuKA
TOM MINOR, Mayor
ATTEST:
C?,cd~ LLc~~
RAML CLARK, City Clerk
LESSEE: SAN BERNARDINO JUNIOR ALL AMERICAN
FOOTBALL
DATED: /;<lI9i~
By:
(,1;1
By:,~4; i d /)11 1;(;)-)/1')( 7jG
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Title: l/ / //,L It 15 .
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
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97-364
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EXHIBIT "A"