HomeMy WebLinkAbout1993-113
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RESOLUTION NO.
93-113
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4 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF A SUBLEASE WITH SAN BERNARDINO VALLEY
5 COMMUNITY CONCERT ASSOCIATION, RELATING TO THE USE OF
STURGES AUDITORIUM.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
7 THE CITY OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The Mayor is hereby authorized and
9 directed to execute on behalf of said city a Sublease
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with San Bernardino Valley Community Concert Association,
relating to the use of Sturges Auditorium, a copy of said
Sublease is attached hereto, marked Exhibit "A" and
13 incorporated herein by reference as fully as though set
14 forth at length.
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SECTION 2. The authorization to execute the above
16 referenced agreement is rescinded if the parties to the
17 agreement fail to execute it within sixty (60) days of
18 the passage of this resolution.
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I HEREBY CERTIFY that the foregoing resolution was
20 duly adopted by the Mayor and Common Council of the City
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of San Bernardino at a
meeting thereof,
TP-oular
22 held on the
19th
Anril
, 1993, by
day of
23 the following vote, to wit:
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25 / / /
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JFK:jj
27 March 5, 1993
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RES 93-113
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2 RESOLUTION RE: AUTHORIZING EXECUTION OF A SUBLEASE
WIH SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION,
3 RELATING TO THE USE OF STURGES AUDITORIUM.
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COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT
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ESTRADA X
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REILLY X
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HERNANDEZ X
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MAUDSLEY X
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MINOR X
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POPE-LUDLAM X
11 MILLER X
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~~,~CLERK
The foregoing is hereby approved this d.-\ 'Co, t day of
Anril
1993.
20 Approved as to form
and legal content:
22 James F. Penman
ci ty (Attorney
23 By: .............. 7- .
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Res 93-113
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.Q.1!~!d~A.Q.E
STURGES AUDITORIUM
THIS SUBLEASE is made and entered into this
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day of ~"'\J. , 1993, by and between the
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SAN BERNARDINO, a municipal corporation,
CITY OF
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hereinafter caled "Sublessor", and San Bernardino Valley
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Concert Association, a California nonprofit corporation,
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hereinafter called "Sublessee".
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hereafter reserved and agreed to be paid to Sublessor by
NOW, THEREFORE, in consideration of the rental
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Sublessee and the mutual promises, obligations, and
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covenants hereinafter set forth and the faithful
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performance thereof, the parties mutually agreed as
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follows:
1.
Prooertv Leased.
Sublessor hereby subleases
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a portion of that certain structure commonly known as the
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Sturges Auditorium, located at flit'} North "E" Street and ~'I>
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specifically identified on Exhibit A.
2.
Use. The demised premises shall be used
exclusively by Sublessee for the purpose of conducting
the business of San Bernardino Valley Concert
22 Association. Said business is also outlined in the
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constitution and by-laws of Sublessee's organization.
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Sublessee shall not commit, or allow to be committed, any
25 waste or nuisance on the demised premises, nor shall it
26 use or allow the premises to be used for any unlawful
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RES 93-113
1 purpose. Use of the premises is limited to the
2 normal business hours of sturges Auditorium as determined
3 by the Director of Parks, Recreation and Community
4 Services. Additionally, the City will allow occasional
5 use of meeting rooms at sturges Audtiorium by Sublessee
6 during normal business hours without charge. Any use of
7 meeting rooms outside of normal business hours will be a
8 rental rates established by resolution.
9 3. Term. The term of this Sublease shall be for
10 a period of five years, beginning May 1, 1993 and ending
11 April 30, 1998, inclusive.
12 4. Rental Pavments. Sublessee agrees to pay and
13 Sublessor agrees to accept as rental for the demised
14 premises, during the term hereof, monthly rental of Two-
15 Hundred Dollars ($200.00); which includes all utilities,
16 water, sewer, trash collection, and preventive
17 maintenance provided to said premises. The rental
18 payment shall be paid on or before the Fifteenth day of
19 each month, and made payable to the CITY OF SAN
20 BERNARDINO through the Finance Department, at the address
21 hereiafter set forth.
22 5. Taxes. Sublessee covenants during the term of
23 this Sublease to pay, when due, all taxes and assessments
24 that may be assessed or imposed upon Sublessee's
25 possessory interest in and to the premises and upon
26 personal property located on the demised premises.
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RES 93-113
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Insurance. Sublessee agrees to procure and maintain
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in force during the term of this Sublease and any
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extension thereof, at its expense, public liability
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insurance in which the CITY OF SAN BERNARDINO shall be
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named as "additonal insured" in companies having a rating
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by Best's Insurance Guide of 'A' (Policyholder) and 'A'
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(General) ratings or better, adequate to protect against
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liablility for damage claims through public use of or
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arising out of accidents occurring in or around the
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demised premises, in a minimum amount of $1,000,000.00.
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Such insurance policy shall provide coverage for
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Sublessor's contingent liability on such claims or
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losses. The policy of insurance or the certificates of
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insurance shall be delivered to Sublessor at the address
19 listed in the "Notice" section of this Sublease.
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Sublessee agrees that, if such insurance policy is not
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kept in force during the term of this Sublease and any
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extension thereof, Sublessor may have the option of one
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of the following:
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(a) Procure the necessary insurance, pay the
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premium therefor, and that such premium shall be repaid
26 to Sublessor as an additional rent installment for the
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During Sublessee's possession and use of the demised
premises, should any taxes thereon be assessed against
Sublessor, Sublessee agrees to indemnify Sublessor
thereon.
RES 93-113
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5 7. Termination. Unless otherwise provided, this
6 Sublease shall be terminable at the option of either
7 party upon the service of thirty day's written notice of
8 such termination to the other party. Upon revocation,
9 surrender, or other termination of this Sublease,
10 Sublessee shall quietly and peacefully surrender the
11 demised premises in as good condition as same was at the
12 time of Sublessee's entry thereof, subject to the
13 conditions herein stated.
14 8. Renewal option. Unless this Sublease is sooner
15 terminated as provided herein, Sublessee shall have the
16 right of option to renew this Sublease at the end of the
17 term hereof. In the event Sublessee shall desire to
18 avail itself of the renewal option, it shall notify
19 Sublessor in writing of its intention to do so at least
20 ninety days prior to such option date, and the term,
21 conditions, and covenants of said option shall be
22 renegotiated.
23 9. Maintenance and Operation. Sublessee is
24 familiar with the demised premises and has knowledge of
25 the present conditions that exist thereon. Sublessor
26 shall provide or cause to be provided all maintenance,
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month following the date on which such premium is paid.
(b) Immediately declare this Sublease is
default, and terminate same.
RES 93-113'
1 custodial service, and janitorial service which is
2 required for proper care and use of the premises.
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(a) Licenses. Sublessee shall post in a
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prominent place and manner in the demised premises all
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business licenses, certificates, a copy of this Sublease,
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and all permits that are required to do Sublessee's
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business in the City of San Bernardino.
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(b) Equipment. No equipment provided by
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Sublessor shall be removed or replaced by Sublessee
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without the prior written consent of Sublessor through
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the Director of Parks, Recreation and Community Services
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Department and if such consent is secured, such removal
13 and/or replacement item shall remain the property of
14 Sublessor. Use of any equipment of Sublessor shall be
15 subject to a use permit between the parties.
16 (c) Vendors. Sublessee shall not permit vendors to
17 display wares, materials, or advertisements inside or
18 outside the demised premises unless prior written
19 permission is secured from Sublessor through the Director
20 of Parks, Recreation and Community Services and such
21 written permission is posted in a prominent place and
22 manner in the premises.
23 (d) Sublessor through the manager of Facilities
24 Management shall provide preventive maintenace to the
25 structure, and maintain the roof of the demised premises
26 in good condition and repair.
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RES 93-113
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10. ImDrovements. Sublessee shall not make, or
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suffer to be made, any alterations to the demised
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premises, or any part thereof, without the prior written
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consent of Sublessor. Any and all alterations and/or
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improvements made to the demised premises pursuant to
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this section shall, upon termination of this Sublease,
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remain as a part of the premises and at no cost or
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obligation to Sublessor. If, during the term of this
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Sublease any law, regulation, or rule requires that an
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alteration, addition, or other change be made to the
12 demised premises, the parties agree as follows:
13 (a) If the alterations, additions, or changes
14 are required as a result of Sublessee's use of the
15 premises, Sublessee shall make them and bear all expense
16 connected therewith.
17 (b) If the alterations, additions, or changes
18 are required as a result of the condition or nature of
19 the premises at the time of execution of this Sublease,
20 not caused by use of the premises by Sublease, not caused
21 by use of the premises by Sublessee, and relate to a
22 portion of the premises which Sublessor has agreed to
23 maintain and repair, Sublessor will make them and bear
24 all expenses connected therewith.
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RES 93-113
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2 11. Default. In the event Sublessee shall be in
3 default in the payment of rentals or other charges
4 hereunder or shall otherwise breach its covenants or
5 obligations hereunder, and shall be and remain in default
6 for a period of thirty days after notice from Sublessor
7 to it of such default, Sublessor shall have the right and
8 privilege of terminating this Sublease and declaring the
9 same at an end, and of entering upon and taking
10 possession of said premises, and shall have the remedies
11 now or hereafter provided by law for recovery of rent,
12 repossession of the premises and damages occasioned by
13 such default. If such default should occur, then
14 Sublessor shall have the right to take possession of and
15 appropriate to itself without payment therefor, any
16 property of Sublessee or anyone claiming under it, then
17 remaining on said premises.
18 12. Hold Harmless. Sublessee hereby agrees to, and
19 shall hold Sublessor, its elective and appointive boards,
20 commissions, officers, agents and employees, harmless
21 from any liability for damage or claims for damage for
22 property damage which may arise from Sublessee's
23 operations under this Sublease, whether such operations
24 be by Sublessee or by anyone or more persons directly or
25 indirectly employed by or acting as agent for Sublessee.
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RES 93'-113
1 Sublessee agrees to and shall defend Sublessor and its
2 elective and appointive boards, commissions, officers and
3 employees from any suits or actions at law or in equity
4 for damages caused, or alleged to have been caused, by
5 reason of any of the aforesaid operations.
6 13. Inspections. Sublessor, its agents, officers,
7 or employees may enter upon the demised premises at such
8 reasonable times during Sublessor's normal business hours
9 as it deems necessary for the purpose of inspection of
10 the premises to deterine whether the terms and
11 conditions of this Sublease are being performed and kept
12 by Sublessee.
13 14. Validitv. If anyone or more of the terms,
14 provisions, promises, covenants, or conditions of this
15 Sublease shall to any extent be adjudged invalid,
16 unenforceable, void, or voidable for any reason
17 whatsoever by a court of competent jurisdiction, each and
18 all of the remaining terms, provisions, promises,
19 covenants, and conditions of this Sublease shall not be
20 affected thereby and shall be valid and enforceable to
21 the fullest extent permitted by law.
22 15. Sublease Applicable to Successors. Etc. This
23 Sublease and the terms, covenants, and conditions hereof
24 apply to and are binding on the heirs, successors,
25 executors, administrators, and assigns of the parties
26 hereto.
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RES 93':'113
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2 16. Sublease Breached bv Sublessee's Recei vershio.
3 Assiqnment for Benefit of Creditors. Insolvencv. or
4 Bankruotcv. Appointment of a receiver to take possession
5 of Sublessee's assets, Sublessee's general assignment for
6 benefit of creditors, or Sublessee's insolvency or taking
7 or suffering action under the Bankruptcy Act is a breach
8 of this Sublease and shall terminate same.
9 17. Eminent Domain. If the whole of the Subleased
10 premises, or so much thereof as to render the remainder
11 unusable for the purposes for which the same was
12 subleased, shall be taken under the power of eminent
13 domain, then this Sublease shall terminate as of the date
14 possession shall be so taken. If less than the whole of
15 the subleased premises shall be taken under the power of
16 eminent domain, and the remainder is usable for the
17 subleased purposes, then this Sublease shall continue in
18 full force and effect and shall not be terminated by
19 virtue of such taking and the parties may waive the
20 benefit of any law to the contrary. Any award made in
21 eminent domain proceedings for the taking or damaging of
22 the subleased premises in whole or in part shall be paid
23 to Sublessor (together with any other money which shall
24 be or may be made available for such purpose).
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RES 93-113
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2 18. Effect of Sublessor's Waiver. Sublessor's
3 waiver of breach of one term, covenant, or condition of
4 this Sublease is not a waiver of breach of others, nor of
5 subsequent breach of the one waived. Sublessor's
6 acceptance of rent installments after breach is not a
7 waiver of the breach, except of breach of the covenant to
8 pay the rent installment or installments accepted.
9 19. Amendment. This Sublease may be amended or
10 modified only by written agreement signed by both parties
hereto.
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12 20. Non-Discrimination. Sublessee hereby covenants
13 by and for itself, its heirs, executors, administrators,
14 and assigns, and all persons under or through it, and
15 this Sublease is made and accepted upon and subject to
16 the following conditions:
17 That there shall be no discrimination against or
18 segregation of any persons or group of persons, on
19 account of race, color, creed, national origin, age,
20 sex, handicap or ancestry, in the leasing, subleasing,
21 transferring, use, occupancy, tenure, or enj oyment of the
22 premises herein leased nor shall Sublessee itself, or any
23 person claiming under or through it, establish or permit
24 any such practice or practices of discrimination or
25 segregation with reference to the selection, location,
26 number, use, or occupancy, of tenants, lessees,
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RES 93-113
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4 21. Assianment. Sublessee shall not assign this
5 Sublease or sublet the said demised premises or any part
6 thereof without obtaining the prior written consent of
7 Sublessor.
8 22. Notices. All notices herein required shall be
9 in writing and delivered in person or sent by certified
10 mail, postage prepaid, addressed as follows:
sublessees, subtenants, or vendees in the premises herein
leased.
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RES 93":113
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2 SUBLESSOR
city of San Bernardino
3 Att: Real Property section
300 North "D" Street
4 San Bernardino, Ca 92418
92402
SUBLESSEE
San Bernardino Valley
Concert Association
P. O. Box 377
San Bernardino, Ca
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6 23. Time of Essence. Time is of the essence herein.
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IN WITNESS WHEREOF, the parties hereto have caused this
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Sublease to be executed the day and year first above
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written.
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14 ATTEST:
SUBLESSOR
15 (;).
16 R~~r~
17 city Clerk
~~
W.R
Mayor
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SUBLESSEE
San Bernardino Valley
Concert Association
P. o. Box 377
SanBernardino,Ca92402
20 Approved as to form and
legal content:
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23 James F. Penman
City Attorney
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