HomeMy WebLinkAbout1993-112
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RESOLUTION NO. 93-1l2
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
3 THE EXECUTION OF A SUBLEASE WITH SAN BERNARDINO ART
ASSOCIATION.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
5 THE CITY OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor is hereby authorized and
7 directed to execute on behalf of said City a Sublease
8 with San Bernardino Art Association relating to the use
9 of Sturges Auditorium, a copy of said Sublease is
10 attached hereto, marked Exhibit "A" and
11 incorporated herein by reference as fully as though set
12 forth at length.
13
SECTION 2. The authorization to execute the above
14 referenced agreement is rescinded if the parties to the
15 agreement fail to execute it within sixty (60) days of
16 the passage of this resolution.
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19
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the City
of San Bernardino at a reqular
meeting thereof, held on
20 the
19th
day of April
, 1993, by the
21 following vote, to wit:
22 / / /
23 / / /
24 / / /
25 JFK:jj San Bernardino Art Assoc.
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March 3, 1993
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2 RESOLUTION RE: AUTHORIZING EXECUTION OF A SUBLEASE
3 WITH SAN BERNARDINO ART ASSOCIATION, RELATING TO THE USE
4 OF STURGES AUDITORIUM.
5 COUNCIL MEMBERS AYES
RES 93-112
1
6 ESTRADA
7 REILLY
8 HERNANDEZ
9 MAUDSLEY
10 MINOR
11 POPE-LUDLAM
12 MILLER
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14
x
x
x
x
x
NAYS
ABSTAIN
AffiENl'
x
x
~~K~RK
The foregoing is hereby approved this
15
16 of
April
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19 Approved as to form
20 and legal content:
21 James F. Penman
22 city Attorney
23 By: ~~ t
24 cJ
25
, 1993.
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~1!..!:1LliA~li
(STURGES AUDITORIUM)
THIS SUBLEASE is made and entered into this
5
day of
, 1993, by and between the CITY OF
6 SAN BEfu~ARDINO, a municipal corporation, hereinafter
7 d" t'
called "Sublessor", and San Bernar ~no Art Assoc~a ~on,
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a California nonprofit corporation, hereinafter called
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"Sublessee",
NOW, THEREFORE, in consideration of the rental
11 hereafter reserved and agreed to be paid to Sublessor by
12 Sublessee and the mutual promises, obligations, and
13 convenants hereinafter set forth and the faithful
14 performance thereof, the parties mutually agree as
15
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follows:
1. Propertv Leased. Sublessor hereby subleases a
17 portion of that certain structure commonly known as the
18 Sturges Auditorium located at 780 North "E" Street and
19 specifically identified on Exhibit A.
20
2.
Use. The demised premises shall be used
21 exclusively by Sublessee for the purpose of conducting
22 the business of San Bernardino Art Association. Said
23 business is also outlined in the constitution and by-laws
24 of Sublessee's organization. Sublessee shall not commit,
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or allow to be committed, any waste or nuisance on the
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demised premises, nor shall it use or allow the premises
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RES 93-112
1 to be used for any unlawful purpose. Use of the leased
2 premises is limited to the normal business hours of
3 sturges Auditorium as determined by the Director of Park,
4 Recreation and community services. Additionally, the
5 city will allow occasional use of
6 meeting rooms at sturges Auditorium during normal
7 business hours without charge. Any use of meeting rooms
8 outside of normal business hours will be at rental rates
9 established by resolution.
3. Term. The term of this Sublease shall be for a
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period of five years, beginning May 1, 1993 and ending
12 April 30, 1998,inclusive.
4. Rental Payments.
Sublessee agrees to pay and
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14 Sublessor agrees to accept as rental for the demised
15 premises, during the term hereof, monthly rental of TWO-
16 HUNDRED DOLLARS ($200.00); which includes all utilities,
17 water, sewer, trash collection, and preventive maintenace
18 provided to said premises. The rental payment shall be
19 paid on or before the fifteenth day of each month,
and made payable to the CITY OF SAN BERNARDINO through
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21
22 forth.
5.
the Finance Department, at the address hereinafter set
23
Taxes.
Sublessee covenants during the term of
24 this Sublease to pay, when due, all taxes and assessments
25 that may be assessed or imposed upon Sublessee's
26 possessory interest in and to the premises and upon
27 personal property located on the demised premise. During
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28
RES 9,3-112
1 Sublessee's possession and use of the demised premises,
2 should any taxes thereon be assessed against Sublessor,
3 Sublessee agrees to indemnify Sublessor thereon.
4
6.
Insurance. Sublessee agrees to procure and
5 maintain in force during the term of this Sublease and
6 any extension thereof, at its expense, public liability
7 insurance in which the CITY OF SAN BERNARDINO shall be
8 named as "additional insured" in companies having a
9 rating by Best's Insurance Guide of 'A' (Policyholder)
10 and A' (General) ratings or better, adequate to protect
11 against liablility for damage claims through public use
12 of or arising out of accidents occurring in or around the
13 demised premises, in a minimum amount of $1,000,000.00.
14 Such insurance policy shall provide coverage for
15 Sublessor's contingent liability on such claims or
16 losses. The policy of insurance or the certificates of
insurance shall be delivered to Sublessor at the address
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listed in the "Notice" section of this Sublease.
19 Sublessee agrees that, if such insurance policy is not
kept in force during the term of this Sublease and any
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22 of the following:
(a) Procure the necessary insurance, pay the
extension thereof, Sublessor may have the option of one
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24 premium therfor, and that such premium shall be repaid to
25 Sublessor as an additional rent installment for the month
26 following the date on which such premium is paid.
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RES .93-112
1
(b) Immediately declare this Sublease in
2 default, and terminate same.
3 7. Termination. Unless otherwise provided, this
4 Sublease shall be terminable at the option of either
5 party upon the service of thirty day's written notice of
6 such termination to the other party. Upon revocation,
7 surrender, or other temination of this Sublease,
8 Subleasee shall quietyly and peacefully surrender the
9 demised premises in as good condition as same was at the
10 time of Sublessee's entry thereof, subject to the
conditions herein stated.
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8.
Renewal option.
Unless this sublease is sooner
13 terminated as provided herein, Sublessee shall have the
14 right of option to renew this Sublease at the end of the
15 term hereof. In the event Sublessee shall desire to
16 avail itself of the renewal option, it shall notify
Sublessor in writing of its intention to do so at
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least ninety days prior to such option date, and the
19 term, conditions, and covenants of said option shall be
20 renegotiated.
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23 the present conditions that exist thereon. Sublessor
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9.
Maintenance and Operation.
Sublessee is
familiar with the demised premises and has knowledge of
shall provide or cause to be provided all maintenance,
custodial service, and janitorial service which is
required for proper care and use of the premises.
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RES 93-.112
1 (a) Licenses. Sublessee shall post in a
2 prominent place and manner in the demised premises all
3 business licenses,certificates, a copy of this Sublease,
4 and all permits that are required to do Sublessee's
5 business in the city of San Bernardino.
6 (b) Equipment. No equipment provided by
7 Sublessor shall be removed or replaced by Sublessee
8 without the prior written consent of Sublessor through
9 the Director of Parks, Recreation and community Service
10 Department; and if such consent is secured, such removal
11 and/or replacement shall be at the expense of the
12 Sublessee, and the replacement item shall remain the
13 property of Sublessor. Use of any equipment of Sublessor
14 shall be subject to a use permit between the parties.
15 (c) Vendors. Sublessee shall not permit
16 vendors to display wares, materials, or advertisements
17 inside or outside the demised premises unless prior
18 written permission is secured from Sublessor through the
19 Director of Parks, Recreation and Community Services and
such written permission is posted in a prominent place
and manner in the premises.
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(d) Sublessor through the manager of
23 Facilities Management shall provide preventive maintenace
24 to the structure,and maintain the roof of the demised
25 premises in good condition and repair.
26 10. Improvements. Sublessee shall not make, or
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RES 93~112
1 suffer to be made, any alterations to the demised
2 premises, or any part thereof, without the prior written
3 consent of Sublessor. Any and all alterations and/or
4 improvements made to the demised premises pursuant to
5 this section shall, upon termination of this Sublease,
6 remain as a part of the premises and at no cost or
7 obligation to Sublessor. If, during the term of this
8 Sublease any law, regulation, or rule requires that an
9 alteration, addition, or other change be made to the
10 demised premises, the parties agree as follows:
11
(a) If the alterations, additions, or changes
12 are required as a result of Sublessee's use of the
13 premises, Sublessee shall make them and bear all expense
connected therewith.
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(b) If the alterations, additions, or changes
16 are required as a result of Sublessee's use of the
17 premises, Sublessee shall make them and bear all expense
connected therewith.
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11. Default. In the event Sublessee shall be in
20 default in the payment of rentals or other charges
21
hereunder or shall otherwise breach its covenants or
22 obligations hereunder, and shall be and remain in default
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for a period of thirty days after notice from Sublessor
24 to it of such default, Sublessor shall have the right and
25 privilege of terminating this Sublease and declaring the
26 same at an end, and shall have the remedies now or
27 hereafter provided by law for recovery of rent,
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28
RES 93-112
1 repossession of the premises and damages occasioned by
2 such default. If such default should occur, then
3 Sublessor shall have the right to take possession of
4 and appropriate to itself without payment therefor, any
5 property of Sublessee or anyone claiming under it, then
6 remaining on said premises.
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12. Hold Harmless. Sublessee hereby agrees to, and
8
shall, hold Sublessor, its elective and appointive
9
boards, commissions, officers, agents and employees,
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harmless from any liability for damage or claims for
11
damage for personal injury, including death, as well as
12
from claims for property damage which may arise from
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Sublessee's operations under this Sublease, whether such
14
operations be by Sublessee or by anyone or more persons
15 directly or indirectly employed by or acting as agent for
16 Sublessee. Sublessee agrees to and shall defend
17 Sublessor and its elective and appointive boards,
18 commissions, officers and employees from any suits or
19 actions at law or in equity for damages caused, or
20 alleged to have been caused, by reason of any of the
21 aforesaid operations.
22 t' b . t .
13. Insoec l.ons. SU lessor, l.ts agen s, offl.cers,
23 or employees may enter upon the demised premises at such
24 reasonable times during Sublessor's normal business hours
25 as it deems necessary for the purpose of inspection of
26 the premises to determine whether the terms and
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. RES 9'3-112
1 conditions of this Sublease are being performed and kept
2 by Sublessee.
3
14. Validity.
If anyone or more of the terms,
4 proyisions, promises, covenants, or conditions of this
5 Sublease shall to any extent be adjudged invalid,
6 unenforceable, void, or voidable for any reason
7 whatsoever by a court of competent jurisdiction, each
8 and all of the remaining terms, provisions, promises,
9 covenants, and conditions of this Sublease shall not be
10 affected thereby and shall be valid and enforceable to
the fullest extent permitted by law.
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15.
Sublease Applicable to Successors. Etc.
This
13 Sublease and the terms, covenants, and conditions hereof
14 apply to and are binding on the heirs, successors,
15 executors, administrators, and assigns of the parties
16 hereto.
16.
Sublease Breached bY Sublessee's Receivership.
17
18 Assiqnment for Benefit of Creditors. Insolvency. or
19 Bankruptcv. Appointment of a receiver to take possession
20 of Sublessee's assets, Sublessee's general assignment for
21 benefit of creditors, or Sublesse's insolvency or taking
22 or suffering action under the Bankruptcy Act is a breach
23 of this Sublease and shall terminate same.
17. Eminent Domain. If the whole of the Subleased
24
25 premises, or so much thereof as to render the remainder
26 unusable for the purposes for which the same was
27 subleased, shall be taken under the power of Eminent
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RES 93~112
20. Non-Discrimination. Sublessee hereby covenants
by and for itself, its heirs, executors, administrators,
and assigns, and all persons under or through it, and
this Sublease is made and accepted upon and subject to
the following conditions:
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RES 93-112
1 That there shall be no discrimination against or
2 segregation of any person or group of persons, on account
3 of race, color,creed, national origin, age, sex, handicap
4 or ancestry, in the leasing, subleasing, transferring,
5 use, occupancy, tenure, or enjoyment of the premises
6 herin leased nor shall Sublessee itself, or any person
7 claiming under or through it, establish or permit any
8 such practice or practices of discrimination or
9 segregation with reference to the selection, location,
10 number, use, or occupancy, of tenants, lessees,
11 sublessees, subtenants, or vendees in the premises herein
12 leased.
13 21. Assiqnment. Sublessee shall not assign this
14 Sublease or sublet the said demised premises or any part
15 thereof without obtaining the prior written consent of
16 Sublessor.
17 22. Notices. All notices herein required shall be
18 in writing and delivered in person or sent by certified
19 mail, postage, prepaid, addressed as follows:
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RES 93-112
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SUBLESSOR
SUBLESSEE
City of San Bernardino
San Bernardino Art
Attn: Real Property section
Association
300 North "0" Street
780 North "E" Street
San Bernardino, Ca 92418
San Bernardino, Ca
92410
8 23. Time of Essence. Time is of the essence
9 herein.
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IN WITNESS WHEREOF, the parties hereto have caused
this Sublease to be executed the day and year first above
12
written.
13
14
15 ATTEST:
SUBLESSOR
CITY OF SAN BERNARDINO
16
17
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19 Rachel Clark, city Clerk
By
W.R. Holcomb, Mayor
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23
SUBLESSEE
San Bernardino Art
Association
By
24 Approved as to form and
legal content:
25 James F. Penman
26 city Attorney
27 By:
28
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RHS 93-112
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