HomeMy WebLinkAbout1994-202
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RESOLUTION NO. 94-202
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE AGREEMENT WITH INLAND VALLEY DEVELOPMENT
AGENCY RELATING TO THE LEASING BY THE CITY OF A BUILDING KNOWN AS
"BUILDING 918" LOCATED ON THE PROPERTY OF THE FORMER NORTON AIR
FORCE BASE.
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 Inland Valley Development Agency relating to the
leasing by the City of a building known as "Building 918" located
on the property of the former N9r~on Air Force Base, a copy of
which agreement is attached hereto, marked Exhibit "A" and
incorporated herein by reference as fully as though set forth at
length.
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referenced agreement is rescinded if the parties to the agreement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.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a regular
meeting thereof, held on the 18th
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RJM:ms[IVDA.Res]
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The foregoing resolution is hereby approved this 20th
day
of
July
, 1994.
.~')~
TOM MINOR, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
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RJM:ms[IVDA.Res]
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94-202
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE AGREEMENT WITH INLAND VALLEY DEVELOPMENT
AGENCY RELATING TO THE LEASING BY THE CITY OF A BUILDING KNOWN AS
"BUILDING 918" LOCATED ON THE PROPERTY OF THE FORMER NORTON AIR
FORCE BASE.
18th day of
Council Members:
July , 1994, by the following vote, to wit:
AYES NAYS ABSTAIN ABSENT
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NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
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The foregoing resolution is hereby approved this 20th
day
of
July
, 1994.
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TOM MINOR, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
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RJM:ms[IVDA.Res]
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A C I T Y
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INTEROFFICE MEMORANDUM
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TO:
Mayor and Common Council
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FROM:
Richard J. ~orillo
Sr. Assistant City Attorney
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DATE:
July 15, 1994
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SUBJECT:
LEASE AGREEMENT FOR TEMPORARY POLICE FACILITY
ITEM NO. 9-7/18/94 MEETING)
Attached is a revised final draft of the Resolution approving the
Lease Agreement between the City and the IVDA for a temporary
pOlice facility at the former Norton Air Force Base.
This draft differs from the version in the agenda packet in the
following respects:
1. The phrase "(hereinafter 'the premises.)" has been added
to the lease (page 1, line 14).
2. The diagram (Exhibit "A" to the lease) of the premises has
been included. (The diagram was not ready when the agenda
materials were copied).
Please let me know if you have any questions.
l
RICHARD
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LLO
RJM:ca [TempPo1.mem]
Attachment
"""ache1 Clark
Tim Steinhaus
Shauna Clark
Sgt. Steve K1ettenberg
cc:
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94-202
LEASE AGREEMENT
Section 1. Parties:
This Lease Agreement is made this day of July, 1994, by
and between the CITY OF SAN BERNARDINO, a Municipal Corporation,
("CITY") and the INLAND VALLEY DEVELOPMENT AGENCY, a Political
Subdivision of the State of California ("IVDA").
Section 2. Demise, Term and Rent:
IVDA leases to CITY, and CITY leases from IVDA, that certain
building known as "Building 918" located on the property of the
former Norton Air Force Base, together with an adjoining parking
area, all as depicted in the diagram attached hereto marked
Exhibit A and made a part hereof by this reference as though set
forth in full (hereinafter "the premises"). The term of this
lease shall be for a period of one (1) year, commencing August 1,
1994, or as soon thereafter as IVDA is able to deliver possession
of the premises to CITY. The annual rental shall be Twelve
Dollars ($12.00) payable at the Office of IVDA, in equal monthly
installments of One Dollar ($1.00), in advance, on the first day
of each month, the first payment to be made upon commencement of
the lease. CITY may, at its option, pay the entire annual rent in
advance in one payment.
Section 3. Use of Premises:
CITY shall use the premises as a temporary headquarters
facility for the San Bernardino Police Department, pending
completion of the permanent police building at 7th and "D"
Streets.
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94-202
Section 4. Acceptance of Premises "As Is"; Improvements:
CITY agrees that it shall assume possession of the premises
"As Is." IVDA makes no representation whatsoever that the
premises are sui table for CITY'S needs. IVDA shall have no
obligation to maintain, provide security for, or to make any
structural change, alteration, addition or improvement
( "al teration") to the premises prior or subsequent to occupancy by
CITY. CITY may, at its own expense, and without IVDA' s prior
consent, make any structural or non-structural alterations as
will, in the sole and unfettered judgment of CITY, better adapt
the premises to its needs.
Section 5. City's Covenants:
CITY agrees:
(a) Rent: That it will pay the rent at the times and in
the manner aforesaid.
(b) Taxes: That it will pay any applicable taxes which
are assessed and levied upon the premises during the term as they
shall fall due.
(c) Property Insurance: That it will insure the premises
against all risk of physical damage through the same insurance
coverage applicable to other CITY facilities.
(d) Utilities: That it will promptly pay all gas,
electric, water and other utility charges which may become payable
for utility service delivered to the premises during the term of
this lease, and for the fixed maintenance costs associated with
the provision of electric, water and telephone utility service.
Payment for utility charges or maintenance costs shall be made to
the IVDA as reimbursement for such charges or costs paid to the
RJM:rns[PolFac.agm] 2
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94-202
United States Air Force by the IVDA, or directly to the utility,
as applicable.
(e) Indemnity: That it will accept the full
responsibility for and shall defend, indemnify and save harmless
IVDA and its commissioners, officials, officers, employees and
agents from all claims for all loss or damage to property,
including loss of use thereof, and injury to persons resulting
from CITY'S operations on the premises pursuant to this Lease
Agreement as well as for any claims made by or on behalf of CITY'S
agents, servants and/or employees arising out of their employment
or work pertaining to such operations under this Lease Agreement;
moreover, CITY shall at all times defend, indemnify and hold IVDA,
its commissioners, officials, officers, employees and agents
harmless from and against any and all liabilities, demands,
claims, suits, lawsuits, damages, causes of action, fines, or
judgments, including costs, attorneys' and witness' fees, and
expenses incident thereto, arising out of or in connection with
CITY'S operations on the premises pursuant to this Lease Agreement
or as a result of the failure by CITY to comply with all laws,
ordinances or governmental regulations applicable to CITY or to
the conduct of CITY'S business, including, without limitation,
laws, ordinances or governmental regulations applicable to the
use, storage, handling or disposal of petroleum products,
hazardous materials or waste, or toxic substances. The CITY will
be an independent contractor at all times and in every respect and
not the agency of IVDA. Nothing contained herein and no direction
or notification from IVDA or the executive director to CITY shall
be construed so as to create a partnership, joint venture or
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94-202
agency relationship between the parties hereto.
(f) Insurance: That it shall purchase and maintain in
effect, at its own expense, during the term of this Lease
Agreement, insurance from insurers acceptable to IVDA protecting
CITY, IVDA, and its commissioners, officers, employees and agents,
against claims for bodily injury, including personal injury,
property damage, including loss of use thereof, which may arise or
be alleged to have arisen from CITY'S activities in connection
with the performance of this Lease Agreement, whether such
activities be of CITY, CITY'S agents, or of anyone employed by
CITY. The types of insurance coverage, as well as the amounts of
such coverage shall be as follows:
(1) Worker's compensation and employers
liability insurance as required by the laws of the
State of California, covering all persons employed by
CITY on the premises subject to this Lease Agreement.
(2) Public liability insurance coverage in the
amount of not less than Ten Million Dollars
($10,000,000) for property and Ten Million Dollars
($10,000,000) for the death or injury of one person
and Five Million Dollars ($5,000,000) for anyone
accident or casualty, covering the performance of
services to be provided on the premises subject to
this Lease Agreement.
(3) Wi thin ten (10) days after acceptance of
this Lease Agreement by IVDA, CITY shall deliver to
IVDA Certificates of Insurance evidencing that
insurance has been purchased by CITY as required by
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94-202
this Section 5(f), and copies of endorsements
providing (i) thirty (30) days' written notice of
cancellation, non-renewal, or reduction in coverage by
the insurer to IVDA, and (ii) automobile liability and
comprehensive general liability insurance which shall
include IVDA, its commissioners, officials, officers,
employees and agents as additionally insured parties.
Said certificates and insurance and copies of
endorsements shall be on file with IVDA at all times
thereafter during the term of this Lease Agreement.
Failure of CITY to provide the certificates of
insurance or subsequent receipt by IVDA of any
insurance policy by CITY'S insurer shall constitute a
material breach of this Lease Agreement and this Lease
Agreement may be terminated by IVDA upon written
notice. All polices of insurance required and
provided by CITY under this section shall include, or
be endorsed to provide, a waiver by the insurers of
any rights of subrogation that the insurers may have
at any time against IVDA, its commissioners,
officials, officers, employees and agents.
(4) Notwithstanding the foregoing, CITY may
substitute a bona fide self-insurance program for any
of the insurance requirements indicated in this
Section 5. The CITY shall provide IVDA with evidence
of excess coverage upon written request.
g) Assignment and Subleasing: That it will not assign,
sub-let or part with possession of the whole or any part of the
RJM:ms [PolFac. agm) 5
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94-202
premises without first obtaining the written consent of IVDA.
h) Expiration: That at the expiration of the term, it
will peaceably yield up to IVDA, the premises and all
modifications and additions made upon the same.
Section 6. IVDA'S Covenants:
IVDA agrees:
a) Quiet Enjoyment: IVDA covenants that CITY shall
peaceably hold and enjoy the premises.
b) Indemnity: That it will accept the full
responsibility for and shall defend, indemnify and save harmless
CITY'S agents, servants and/or employees from and against any and
all liabilities, demands, claims, suits, lawsuits, damages, causes
of action, fines, or judgments, including costs, attorneys' and
witness' fees, and expenses incident thereto, arising out of or in
connection with the failure by IVDA to comply with all laws,
ordinances or governmental regulations applicable to IVDA or to
the conduct of IVDA'S business, including, without limitation,
laws, ordinances or governmental regulations applicable to the
use, storage, handling or disposal of petroleum products,
hazardous materials or waste, or toxic substances.
Section 7. Removal of Fixtures and Equipment:
CITY, at the expiration of this lease, or within a period of
thirty (30) days thereafter, shall have the right to remove all
fixtures, furniture, equipment and personal property it has placed
upon the premises during the term of this lease.
Section 8. Destruction of Premises:
If during, or prior to the term hereby granted, the premises
shall be damaged or destroyed by fire or other casualty, neither
RJM:ms[PolFac.agm] 6
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94-202
party shall have any obligation to repair the same, and this Lease
Agreement shall be subject to immediate termination; provided,
that CITY shall have the right, but not the obligation, to repair
the premises to the extent necessary to continue in possession of
the premises for the remainder of the term of this lease.
Section 9. Right to Abandon Premises:
Notwi thstanding anything in this Lease Agreement to the
contrary, CITY shall have the right to vacate or abandon the
premises without being in default of this Lease Agreement provided
that CITY first gives IVDA fifteen (15) days written notice.
Section 10. Notice:
Any and all notices required or permitted to be given
hereunder shall be in writing and shall be personally delivered or
mailed by certified or registered mail, return receipt requested,
postage prepaid, to the respective parties at the addresses
indicated below:
If to IVDA:
Inland Valley Development Agency
201 No. "E" Street, Second Floor
Suite 203
San Bernardino, CA 92401-1507
If to CITY:
City of San Bernardino
300 No. "D" Street
San Bernardino, CA 92418
Attention: Shauna Clark
City Administrator
Rachel Clark
City Clerk
with copies to:
Daniel A. Robbins, Chief of Police
San Bernardino Police Department
Any party may change its address by notice given to the
RJM:ms [PolFac. agm]
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other party in the manner set forth above.
Section 11. Severability:
If one or more of the provisions of this Lease Agreement is
hereafter declared invalid or unenforceable by any judicial,
legislative or administrative authority of competent jurisdiction,
the parties hereto agree that the invalidity or unenforceability
of any of the provisions shall not in any way affect the validity
or enforceability of any other provision of this Lease Agreement.
Section 12. Modifications:
No change or modification of the terms or provisions of this
Lease Agreement shall be deemed valid unless in writing and signed
by both parties subject to governmental approval, if required.
Section 13. Governing Law:
This Agreement shall be construed, interpreted and applied
in accordance with the laws of the state of California.
Section 14. Effect of Waiver:
No waiver of any breach or default shall be construed as
continuing a waiver of any provisions or as a waiver of any other
or subsequent breach of any provision of this Lease Agreement.
Section 15. Effect of Headings:
The heading sections of this Agreement have been inserted
for convenience of reference only and shall not affect the
interpretation of any of the provisions of this Agreement.
III
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RJM:ms[PolFac.agm]
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94-202
1 Section 16. Net-Net-Net Lease:
This Lease shall be deemed and construed to be a "net-net-
2
3 net" lease.
4 IN WITNESS WHEREOF, the parties have executed this Lease
5 Agreement as of the date first written above.
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Attest:
July 20, 1994
Attest:
~.~_C.l4t.~
Cit Clerk
Approved as to Legal
Form and Content:
JAMES F. PENMAN
;i~
RJM:ms[PolFac.agm]
INLAND VALLEY DEVELOPMENT AGENCY
BY'~d~
CITY OF SAN BERNARDINO
By~t)11~
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94 202
EXHIBIT -"A"
LEASE
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