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HomeMy WebLinkAbout1995-259 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 95-259 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A PURCHASE ORDER IN THE AMOUNT OF $1. 00 TO THE SAN BERNARDINO UNIFIED SCHOOL DISTRICT FOR LEASE OF PROPERTY TO LOCATE A CITY- OWNED 5 CHANNEL 800 MHZ RADIO SYSTEM FOR THE 95/96 FISCAL YEAR. THE SCHOOL DISTRICT OWNED PROPERTY IS LOCATED ON THE CAJON HIGH SCHOOL CAMPUS, 1200 HILL DRIVE, SAN BERNARDINO, CALIFORNIA 92407. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS. SECTION 1. The Finance Director is hereby authorized and directed to issue a purchase order in the amount of $1.00 to the San Bernardino Unified School District for lease of property to locate a City-owned 5 channel radio system for the fiscal year 95/96. Such award shall only be effective upon the issuance of a Purchase Order by the Finance Director. SECTION 2. The Mayor is hereby authorized to represent the city in signing the lease, and further, the city accepts said lease. SECTION 3. The authorization to execute the above referenced purchase order is rescinded if it is not issued within sixty (60) days of the passage of this resolution. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the city of San adjourned Bernardino at a n regular meeting thereof, held on the 24th dy of July , 1995 , by the following vote to wit: / / / / / / / / / / / / 1 7' ~~ ,., 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~~.~ ""\:' city Clerk The foregoing resolution is hereby approved this ":;1/> Id day of July , 199 5 ~~iffL T6m Minor, ayor City of San Bernardino Approved as to form and legal content: James F. Penman, 22 city Attorney 23 By: 24 25 26 27 28 2 . '--- --, r--'.0 , c"; ORIGINAL SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT 777 North "F" Street San Bernardino, California 92410 LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this 4th day of April, 1995, by and between the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, hereinafter referred to as the "LESSOR," and the CITY OF SAN BERNARDINO, hereinafter referred to as the "LESSEE, " R E C I TAL S: WHEREAS, the LESSOR owns the real property described below, which will not be needed on a continuous basis by the LESSOR during the term of this Agreement; and WHEREAS, the LESSEE desires to lease said property; NOW, THEREFORE, the parties murually agree as follows: 1. Term This Lease Agreement shall be for a period beginning March 27, 1995, through and including June 30. 2000, unless terminated or extended. 2, DescriPtion The premises to be leased consists of rurfed land area measuring approximately 14' x 18' located on the southern edge of the athletic fields across from the track on the campus of Cajon High School, 1200 Hill Drive, San Bernardino, California 92407, The area is further described upon the plot plan marked Exhibit A which is attached hereto and made a part hereof, 3, Use a. The premises are leased to LESSEE solely for the purpose of placing on the premises an 8' x 12' prefabricated portable cargo container, housing a 5-channel truhked-radio system, topped by a small microwave antenna, LESSEE shall use premises described herein only as provided in this Lease Agreement. LESSEE shall in all respects comply with the rules and regulations of LESSOR relating to the use of school property, The LESSEE shall be permitted access to the leased premises on a twenty-four (24) hour basis, 1 L....____ r.~ ._'":t"/ / b, LESSEE shall, at LESSEE'S expense, comply promptly with all applicable statutes, ordinances, rules, regulations, orders, covenants and restrictions of record, and requirements in effect during the term or any part of the term hereof, regulating the use by LESSEE of the premises, LESSEE shall not use nor permit the use of the premises in any manner that will tend to create waste or a nuisance, c, LESSEE hereby accepts the premises in their condition existing as of the commencement date of the term of this Lease Agreement or the date that LESSEE takes possession of the premises, whichever is earlier, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the premises, and any covenants or restrictions of record, and accepts this lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. LESSEE acknowledges that neither LESSOR nor LESSOR's agent has made any representation or warranty as to the present or future suitability of the premises for the conduct of LESSEE's business. d, LESSEE agrees to keep in good repair and maintain at its own expense fencing, portable building, and other improvements installed at LESSEE's expense and to return said premises so maintained to LESSOR in as good condition as when leased, ordinary wear and tear, damage by earthquake, fire or the elements and other public disaster or casualty excepted. e, LESSEE shall not allow any human habitation on the leased premises, f, LESSOR reserves unto its officers, agents and employees the right to enter upon any part of the whole of the leased premises at any reasonable time for the purpose of inspecting all of said property and the facilities thereon, 4, Alteration a. The LESSEE agrees not to make any alterations in or on the demised premises without first securing the consent of the LESSOR and further agrees to make such alterations only at such time that is agreeable to the LESSOR, Should LESSEE make any alterations, improvements, additions or utility installations without the prior approval of LESSOR, LESSOR may require that LESSEE remove any or all of the same. All alterations made or arranged for by the LESSEE shall be at the LESSEE's cost. b. Any alterations, improvements, additions or utility installations in, on, or about the premises that LESSEE shall desire to make and which requires the consent of the LESSOR shall be presented to LESSOR in written form, with proposed detailed plans, If LESSOR shall give its consent, the consent shall be deemed conditioned upon LESSEE acquiring a permit to do so from appropriate governmental agencies, the furnishing of a copy 2 .ii,'~'.~7 thereof to LESSOR prior to the commencement of the work and the compliance by LESSEE with all conditions of said permit in a prompt and expeditious manner, c, The LESSEE shall, at its own cost: arrange for and provide separate electrical service with its own electrical meter for the LESSEE's equipment; arrange for and install a treated wood base upon which the cargo container will be placed; arrange for and accomplish the placement of the cargo container on the approved site; arrange for and construct a secure and sturdy chain link fence, of a quality and type acceptable to LESSOR, around the cargo container, with a maximum 3' clearance from the container. Iffeasible the new fence may be attached to the LESSOR's existing fence. If necessary to permit access to the container by the LESSEE, a gate will be installed, by the LESSOR at its own cost, in the LESSOR's fencing. 5, Rent LESSEE shall pay to LESSOR as rent for the leased premises the sum of $1.00 per fiscal year or portion thereof, payable annually in advance. The initial payment shall be payable within thirty days of the date of the signing of this Lease Agreement by the LESSEE, Each subsequent annual payment shall be due on or before the beginning (July 1) of each fiscal year of this Lease Agreement. Rent shall be payable in lawful money of the United States to LESSOR at the address stated herein upon presentation of invoice, Rent shall be considered earned when paid and no portion shall be refundable in the event of cancellation, 6, Utilities LESSEE shall pay for the installation and use of all utilities used on the site, Upon termination of this Lease Agreement all existing utility lines will be removed at LESSEE's expense, if any. 7. Taxes and Assessments LESSEE agrees to pay any and all taxes and assessments, if any there may be, arising out of LESSEE's use of the real property and/or improvements erected thereon, and any possessory interest taxes, and to pay all other applicable taxes, LESSEE agrees to pay any license fees required by LESSOR or any other governmental agency. 3 , .-' ! 8, Insurance Indemnity a, LESSEE shall, at LESSEE's expense, obtain and keep in force during the term of this Lease Agreement, a policy of Combined Single Limit, Bodily Injury and Property Damage insurance insuring LESSOR and LESSEE against any liability arising out of the ownership, use, occupancy or maintenance of the premises, Such insurance shall be a combined single limit policy in an amount not less than $500,000,00 per occurrence. The policy shall insure performance by LESSEE of the indemnity provisions of this Paragraph 8, The limits of said insurance shall not, however, limit the liability of LESSEE hereunder, Such insurance shall be primary to any insurance maintained by LESSOR, b, Insurance required hereunder shall be in companies holding a "General Policyholders Rating" of at least B-plus, as set forth in the most current issue of "Best's Insurance Guide," Self-insurance shall satisfy the insurance requirements hereunder provided such self-insurance conforms to the limits, coverages, and provisions specified in this Paragraph 8.. The LESSEE or its agent shall deliver to the LESSOR copies of policies of such insurance or certificates evidencing the existence and amounts of such insurance with loss payable clauses as required by this Paragraph 8, No such policy shall be cancelable or subject to reduction of coverage or other modification except after thirty (30) days prior written notice to LESSOR, LESSEE shall, at least thirty (30) days prior to the expiration of such policies, furnish LESSOR with renewals or "binders" thereof, or LESSOR may order such insurance and charge the cost thereof to LESSEE, which amount shall be payable by LESSEE upon demand, LESSEE shall not do or permit to be done anything which shall invalidate the insurance policies referred to in Paragraph 8, c, LESSEE shall indemnify and hold harmless LESSOR from and against any and all claims arising from LESSEE's use of the premises, of from the conduct of LESSEE's business or from any activity, work or thing done, permitted or suffered by LESSEE in or about the premises, or elsewhere and shall further indemnify and hold harmless LESSOR from and against any and all claims arising from any breach or default in the performance of any obligation on LESSEE's part to be performed under the terms of this Lease Agreement, or arising from any negligence of the LESSEE or any of LESSEE's agents, contractors, or employees, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action of proceeding be brought against LESSOR by reason of any such claim, LESSEE upon notice from LESSOR shall defend the same at LESSEE's expense by counsel satisfactory to LESSOR. LESSEE, as a material part of the consideration to LESSOR, hereby assumes risk for damage to property or injury to person in, on, or about the premises arising from LESSEE's acts and LESSEE hereby waives all claims in respect thereof against LESSOR, 4 we _ ;0 "Jr, d, LESSEE hereby agrees that LESSOR shall not be liable for injury to LESSEE's business or any loss of income therefrom or for damage to the goods, wares, merchandise or other property of LESSEE, LESSEE's employees, invitees, customers, or any person in or about the premises, nor shall LESSOR be liable for injury to the person of LESSEE, LESSEE's employees, agents or contractors, whether such damage or injury was caused by or results from fIre, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether the said damage or injury results from conditions arising upon the premises or upon other portions of the building of which the premises are a part, or from other sources or places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to LESSEE. 9. Termination a, LESSOR or LESSEE shall have the right to cancel this Lease Agreement at any time during the term of this Lease Agreement upon giving ninety (90) days prior written notice to the other party, b, LESSOR agrees that the LESSEE may remove, during or at the expiration or other termination of the term of this Lease Agreement, or of any extension or holdover period thereof, as the case may be, the portable building used to house fIxtures, equipment, and all other personal property placed or installed in or upon the demised premises by the LESSEE or under its authority, LESSOR may require that the LESSEE remove any or all improvements and leave the premises in a smooth and safe condition. 10, Renewal If LESSEE intends to request renewal of this Lease Agreement, LESSEE shall so request in writing at least ninety (90) days prior to the expiration date of this Lease Agreement. 11, Holding Over If LESSEE, with LESSOR's consent, expressed or implied, remains in possession of the premises or any part thereof after the expiration of the term hereof, such occupancy shall be a tenancy from month-to-month only, subject to all the provisions, terms and conditions of this Lease Agreement pertaining to the obligations of LESSEE, but shall not be a renewal hereof, and the rent to be paid therefor shall be at the rate prevailing under the terms of this Lease Agreement, and all options and rights of first refusal, if any, granted under the terms of this 5 .-0 ~oy--1 Lease Agreement shall be deemed terminated and be of no further effect during said month-to-month tenancy, 12, Notices Any notices from either party to the other shall be given in writing to the appropriate address shown below or to such other address as may hereafter be designated in writing for notices by either party to the other. A notice shall be deemed received when delivered, or three days after deposit in the United States mail, certified postage prepaid, whichever is earlier, LESSOR: SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT Dr. Harold L. Boring, Assistant Superintendent Administrative Services Office 777 North "F" Street San Bernardino, California 92410 LESSEE: CITY OF SAN BERNARDINO Janis Ingels, Director Management Information Systems 300 North "D" Street San Bernardino, California 92418 13, Amendment This Lease Agreement may be amended by mutual written consent, 14. Covenants and Conditions Each provision of this Lease Agreement performable by LESSEE shall be deemed both a covenant and a condition, 15, Default LESSEE agrees that if default shall be made in the payment of rent in the manner herein provided or in any of the covenants or agreements herein contained on the part of LESSEE to be kept and performed, it shall be lawful for LESSOR to declare said term ended and to terminate this Lease Agreement upon the giving of thirty (30) days written notice. In addition thereto, LESSOR shall have such other rights or remedies as may be provided for by law, 6 /"/- /:,//j - ~ 16, Waivers No waiver by LESSOR of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by LESSEE of the same or any other provision. LESSOR's consent to, or approval of, any act shall not be deemed to render unnecessary the obtaining of LESSOR's consent to or approval of any subsequent act by LESSEE, 17, Cumulative Remedies No remedy or election hereunder shall be deemed exclusive, but shall, wherever possible, be cumulative with all other remedies at law or in equity, 18, LESSOR's Consent Required LESSEE shall not voluntarily or by operation of law assign, transfer, mortgage, sublet or otherwise transfer or encumber all or any part of LESSEE's interest in this lease or in the premises, without LESSOR's prior written consent. LESSOR shall respond to LESSEE's request for consent hereunder in a timely manner and any attempted assignment, transfer, mortgage, encumbrance or subletting without such consent shall be void, and shall constitute a breach of this Lease Agreement. 19, Binding Effect: Choice of Law Subject to any provisions hereof restricting assignment or subletting by LESSEE and subject to the provisions of Paragraph 19, this Lease Agreement shall bind the parties, their personal representatives, successors and assignees, This Lease Agreement shall be governed by the laws of the State of California wherein the premises are located. 20, Headings Headings on the paragraphs of this Lease Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Lease Agreement. 21. Severabilitv In the event that anyone or more of the provisions contained in this Lease Agreement shall for any reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding shall not affect any other provisions 7 ."1 ...-c-v t7 J of this Lease Agreement, and this Lease Agreement shall then be construed as if such unenforceable provisions are not a part hereof, 22. Attornevs' Fees In the event any action, including arbitration, is filed in connection with the enforcement or interpretation of this Lease Agreement, the unsuccessful party in said action shall pay, among other sums that either party may be called on to pay, a reasonable sum for the successful party's attorneys' fees and costs, 23, Quiet Dossession Upon LESSEE paying the rent for the premises and observing and performing all of the covenants, conditions and provisions on LESSEE's part to be observed and performed hereunder, LESSEE shall have quiet possession of the premises for the entire term hereof subject to all of the provisions of this Lease Agreement. The individuals executing this Lease Agreement on behalf of LESSOR represent and warrant to LESSEE that they are fully authorized and legally capable of executing this Lease Agreement on behalf of LESSOR and that such execution is binding upon all parties holding an ownership interest in the premises, 24, Non-Discrimination The LESSEE certifies it will not discriminate on the basis of race, color, national origin, sex (including sexual harassment), handicap (or disability), religion, or age in any of its policies, procedures, or practices in compliance with: . Title VI and VII of the Civil Rights Act of 1964. as amended (pertaining to race, color, national origin, and religion); . Title IX of the Education Amendments of 1972 (pertaining to sex); . Section 504 of the Rehabilitation Act of 1973 (pertaining to handicap); and . The Age Discrimination Act of 1975 (pertaining to age) This non-discrimination policy covers admission and access to, and treatment and employment in, the LESSOR's programs and activities, 8 ~,- " (' J 25, Entire Agreement This Lease Agreement represents the entire agreement between the parties and there are no understandings, representations or warranties of any kind except as expressly set forth herein. No waiver, alteration or modification of any of the provisions herein shall be binding on any party unless in writing and signed by the party against whom enforcement of such waiver, alteration or modification is sought. LESSOR and LESSEE have carefully read and reviewed this Lease Agreement and each term and provision contained herein and by execution of this Lease Agreement show their informed and voluntary consent hereto, The parties hereby agree that, at the time this Lease Agreement is executed, the terms of this Lease Agreement are reasonable and effectuate the intent and purpose of LESSOR and LESSEE with respect to the premises. IN WITNESS WHEREOF, the parties hereto have caused this Lease Agreement to be duly executed on their behalf by their authorized representatives as set forth below, LESSEE: LESSOR: CITY OF SAN BERNARDINO SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT by ~~ntv~ TOM MINOR Mayor by~avlt ~ Jk~ HAROLD L. BORIN ,Ed,D, Assistant Superintendent Administrative Services Date: q-I'i~Cj( Date: SEP 0 5 1995 9 -~.L,.~~..~~,.~~"E-~' r ~:J:~~j(: ,o,Jt r---1 ")- , ( [) ~ t::td 3 '" ~ r---1 lEllNIS CllJRlS lEllNIS CllJRlS ~ 30 i! 12, 40 ~I ~. I 40 I . 30 . , 20 , 10 . A.c. PAWIG I G , . r---1 I I . , Q , . I !C.IIe ".ll1l1'-G" I II1E lID< SUI _ .... ..... .., . . " '-" '. . , , . -- lLL DRIVE: -- PLOT PLAN CA..JON HIGH SCHOOL SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT SAN BERNARDINO. CALIFORNIA .aI NO. DAlE ~ 11m NO. 2