HomeMy WebLinkAbout1993-325
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RESOLUTION NO. 93-325
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A
SUBLEASE AGREEMENT WITH THE SAN BERNARDINO ART ASSOCIATION AND
REPEALING RESOLUTION NO. 93-112.
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 that certain Sublease
relating to Sturges Auditorium with the San Bernardino Art
Association in a form as shown in Exhibit "A" attached hereto and
incorporated herein.
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referenced Agreement is rescinded if the parties to the Agreement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.
SECTION 3. Resolution No. 93-112 is hereby repealed.
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DAB/bg [Sturges.Res]
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August 4. 1993
93-325
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A
SUBLEASE AGREEMENT WITH THE SAN BERNARDINO ART ASSOCIATION AND
REPEALING RESOLUTION NO. 93-112.
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I HEREBY CERTIFY that the foregoing Resolution was duly
4 adopted by the Mayor and Common Council of the City of
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San Bernardino at a
rP..gular
meeting thereof, held on the
6 7th day of Sept~er , 1993, by the following vote, to-wit:
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Council Members:
AYES
NAYS
ABSTAIN
NEGRETE
x
CURLIN
HERNANDEZ
x
OBERHELMAN
x
OFFICE VACANT
POPE-LUDLAM
x
MILLER
x
~~~
Cit Clerk
ABSENT
x
The foregoing Resolution is hereby approved this \~t~
of
SeDt~er
, 1993.
/ ~,1 '
~. /" '.
/ Cm? ,";!fi."n-
/ '" . ~. (" . v~
T6m Minor, Mayor
City of San Bernardino
day
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
,~
DAB/bg [Sturges.Res]
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August 4. 1993
93-325
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Res 93-325
.s.lI~!.~A.s.~
(STURGES AUDITORIUM)
day
SAN
THIS SUBLEASE is made and entered into this ".1,t :,-f,_~
C'
Of,,:)-.?\,\(~,~~I'~CL--, 1993, by and between the CITY OF
BERNARDINO, a municipal corporation, hereinafter
called "Sublessor", and San Bernardino Art Association,
a California nonprofit corporation, hereinafter called
"Sublessee".
NOW, THEREFORE, in consideration of the rental
hereafter reserved and agreed to be paid to Sublessor by
Sublessee and the mutual promises, obligations, and
convenants hereinafter set forth and the faithful
performance thereof, the parties mutually agree as
follows:
1. Property Leased. Sublessor hereby subleases a
portion of that certain structure commonly known as the
Sturges Auditorium located at 780 North "E" Street and
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 Art Association. Said
business is also outlined in the constitution and by-laws
of Sublessee's organization. Sublessee shall not commit,
or allow to be committed, any waste or nuisance on the
demised premises, nor shall it use or allow the premises
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92-325
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
4 Parks, Recreation and Community Services. Addi tionally,
5 the city will allow occasional use of meeting rooms at
6 sturges Auditorium by Sublessee during normal business
7 hours without charge. Any use of meeting rooms outside
8 of normal business hours will be at rental rates
9 established by resolution.
10 3. Term. The term of this Sublease shall be for a
11 period of five years, beginning May 1, 1993 and ending
12 April 30, 1998, inclusive.
13 4. Rental Payments. Sublessee agrees to pay and
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,
20 and made payable to the CITY OF SAN BERNARDINO through
21 the Finance Department, at the address hereinafter set
22 forth.
23 5. 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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93-325
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. Termination. Unless otherwise provided, this
5 Sublease shall be terminable at the option of either
6 party upon the service of thirty day's written notice of
7 such termination to the other party. Upon revocation,
8 surrender, or other temination of this Sublease,
9 Subleasee shall quietly and peacefully surrender the
10 demised premises in as good condition as same was at the
11 time of Sublessee's entry thereof, subject to the
12 conditions herein stated.
13 7. Renewal option. Unless this Sublease is sooner
14 terminated as provided herein, Sublessee shall have the
15 right of option to renew this Sublease at the end of the
16 term hereof. In the event Sublessee shall desire to
17 avail itself of the renewal option, it shall notify
18 Sublessor in writing of its intention to do so at
19 least ninety days prior to such option date, and the
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term, conditions, and covenants of said option shall be
renegotiated.
8. Maintenance and Operation.
Sublessee is
23 familiar with the demised premises and has knowledge of
24 the present conditions that exist thereon. Sublessor
25 shall provide or cause to be provided all maintenance,
26 custodial service, and janitorial service which is
27 required for proper care and use of the premises.
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93-325
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
20 such written permission is posted in a prominent place
21 and manner in the premises.
22 (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///
27 / / /
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9. Improvements. Sublessee shall not make, or
suffer to be made, any alterations to the demised
premises, or any part thereof, without the prior written
consent of Sublessor. Any and all alterations and/or
improvements made to the demised premises pursuant to
this section shall, upon termination of this Sublease,
remain as a part of the premises and at no cost or
obligation to Sublessor. If, during the term of this
Sublease any law, regulation, or rule requires that an
alteration, addition, or other change be made to the
demised premises, the parties agree as follows:
(a) If the alterations, additions, or changes
are required as a result of Sublessor use of the
premises, Sublessor shall make them and bear all expense
connected therewith.
(b) If the alterations, additions, or changes
are required as a result of Sublessee's use of the
premises, Sublessee shall make them and bear all expense
connected therewith.
10. Default. In the event Sublessee shall be in
default in the payment of rentals 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 days after notice from Sublessor
to it of such default, Sublessor shall have the right and
privilege of terminating this Sublease and declaring the
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93325
same at an end, and shall have the remedies now or
hereafter provided by law for recovery of rent,
repossession of the premises and damages occasioned by
such default. If such default should occur, then
Sublessor shall have the right to take possession of
and appropriate to itself without payment therefor, any
property of Sublessee or anyone claiming under it, then
remaining on said premises.
11. Hold Harmless. Sublessee hereby agrees to, and
shall, hold Sublessor, its elective and appointive
boards, commissions, officers, agents and employees,
harmless from any liability for damage or claims for
damage for personal injury, including death, as well as
from claims for property damage which may arise from
Sublessee's operations under this Sublease, whether such
operations be by Sublessee or by anyone or more persons
directly or indirectly employed by or acting as agent for
Sublessee. Sublessee agrees to and shall defend
Sublessor and its elective and appointive boards,
commissions, officers 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 the
aforesaid operations.
12. Inspections. Sublessor, its agents, officers,
or employees may enter upon the demised premises at such
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93-325
1 reasonable times during Sublessor's normal business hours
2 as it deems necessary for the purpose of inspection of
3 the premises to determine whether the terms and
4 conditions of this Sublease are being performed and kept
5 by Sublessee.
6 13. Validity. If anyone or more of the terms,
7 provisions, promises, covenants, or conditions of this
8 Sublease shall to any extent be adjudged invalid,
9 unenforceable, void, or voidable for any reason
10 whatsoever by a court of competent jurisdiction, each
11 and all of the remaining terms, provisions, promises,
12 covenants, and conditions of this Sublease shall not be
13 affected thereby and shall be valid and enforceable to
14 the fullest extent permitted by law.
15 14. Sublease Applicable to Successors. Etc. This
16 Sublease and the terms, covenants, and conditions hereof
17 apply to and are binding on the heirs, successors,
18 executors, administrators, and assigns of the parties
19 hereto.
20 15. Sublease Breached bY Sublessee' s Receivership.
21 Assiqnment for Benefit of Creditors. Insolvency. or
22 Bankruptcy. Appointment of a receiver to take possession
23 of Sublessee's assets, Sublessee's general assignment for
24 benefit of creditors, or Sublesse's insolvency or taking
25 or suffering action under the Bankruptcy Act is a breach
26 of this Sublease and shall terminate same.
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1 16. Eminent Domain. If the whole of the Subleased
2 premises, or so much thereof as to render the remainder
3 unusable for the purposes for which the same was
4 subleased, shall be taken under the power of Eminent
5 Domain then this Sublease shall teminate as of the
6 date possession shall be so taken. If less than the
7 whole of the subleased premises shall be taken under the
8 power of eminent domain, and the remainder is usable for
9 the subleased purposes, then this Sublease shall continue
10 in full force and effect and shall not be terminated by
11 virtue of such taking and the parties may waive the
12 benefit of any law to the contrary. Any award made
13 in eminent domain proceedings for the taking or damaging
14 of the subleased premises in whole or in part shall be
15 paid to Sublessor (together with any other money which
16 shall be or may be made available for such purpose).
17 17. Effect of Sublessor's Waiver. Sublessor's
18 waiver of breach of one term, covenant, or condition of
19 this Sublease is not a waiver of breach of others, nor of
20 subsequent breach of the one waived. Sublessor's
21 acceptance of rent installments after breach is not a
22 waiver of the breach, except of breach of the covenant to
23 pay the rent installment or installments accepted.
24 18. Amendment. This Sublease may be amended or
25 modified only by written agreement signed by both parties
26 hereto.
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. 93-325
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19. Non-Discrimination. Sublessee hereby covenants
y and for itself, its heirs, executors, administrators,
nd assigns, and all persons under or through it, and
his Sublease is made and accepted upon and subject to
he following conditions:
That there shall be no discrimination against or
egregation of any person or group of persons, on account
frace, color,creed, national origin, age, sex, handicap
r ancestry, in the leasing, subleasing, transferring,
se, occupancy, tenure, or enjoyment of the premises
erein leased nor shall Sublessee itself, or any person
laiming under or through it, establish or permit any
uch practice or practices of discrimination or
egregation with reference to the selection, location,
umber, use, or occupancy, of tenants, lessees,
ublessees, subtenants, or vendees in the premises herein
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Assiqnment. Sublessee shall not assign this
or sublet the said demised premises or any part
hereof without obtaining the prior written consent of
ublessor.
21. Notices. All notices herein required shall be
n writing and delivered in person or sent by certified
ail, postage, prepaid, addressed as follows:
/ /
/ /
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93-325
1 SUBLESSOR
SUBLESSEE
2 City of San Bernardino
3 Attn: Real Property section
4 300 North "D" Street
San Bernardino Art
Association
780 North "E" Street
5 San Bernardino, Ca 92418
San Bernardino, Ca
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92410
22. Time of Essence. Time is of the essence
herein.
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10 IN WITNESS WHEREOF, the parties hereto have caused
11 this Sublease to be executed the day and year first above
12 written.
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18 Q,~ e~
Rachel Clark, City Clerk
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SUBLESSOR
CITY OF SAN BERNARDINO
ATTEST:
~7
By /,e;"n; t{;;i-~ \
, Tom Minor, Mayor
SEP 2 7 19~3
SUBLESSEE
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San Bernardino Art
Association
Approved as to form and
24 legal content:
,
By ~~ 1~L-~cl!r
(j"/:tt:....2-{ 'vUA.A
25 James F. Penman
City A torney
By:
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