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HomeMy WebLinkAbout1992-366 l 1 92-366 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE WITH SAN BERNARDINO JUNIOR ALL-AMERICAN FOOTBALL, RELATING TO 3 THAT CERTAIN REAL PROPERTY SITUATED EAST OF MT. VERNON AVENUE ON THE NORTH SIDE OF NINTH STREET AND COMMONLY KNOWN AS 1244 WEST NINTH STREET. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 5 BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is hereby au- 7 thorized and directed to execute on behalf of said City, a Lease with San 8 Bernardino .Junior All-American Football, relating to certain real property 9 located East of Mt. Vernon Avenue on the North side of Ninth Street, and 10 commonly known as 1244 West Ninth Street, a copy of which is attached hereto 11 marked Exhibit "A" and incorporated herein by reference as fully as though 12 set fort.h at length. 13 SECTION 2. The authorization to execute the above-refer"enced 14 agrep.ment is rescinded if the parties to the agrp.p.ment fai 1 to execute it 15 within sixty (60) days of the passage of this resolution. 16 I / 17 / / 18 / / 19 / / 20 / / 21 / / 22 / / 23 / / 24 / / 25 I / 26 / / 27 ! / 28 / / 08/17/92 1 LEASE: 1244 WEST \!TNTH STREET - SAN BERNARDINO .Jt'NJOR ALL-~MERTC~\! fOOTBALl. 92-366 1 1 HEREBY CERTIfY that the forego ing reso I uti on was rlul y ildopi ed by 2 the Mayor and Common Cound 1 of the City of Siln llprnardino al: a 3_r"g-u],a.r:._ . mepting thereof held on the . .lJt.b day of JieptembeL.. 4 1992, by the following vote, to-wit: 08/17/92 5 6 7 COUNCIL MEMBERS: _____. __._._._..__u____ ....._._ ESTRADA 8 REILLY 9 HERNANDEZ 10 MAUDSLEY 11 MINOR 12 POPE-LUDLAM 13 MILLER 14 15 16 17 18 The 19 of __September_____ 20 21 22 23 24 Approved as to form and legal content: 25 26 27 28 .James F. Penman, City Attorney ?f'~J) . AYE" NAYS ABSENT ABSTAIN x x x x x -X_ x__ R~,1~ foregoing resolution is her-ehy approverl this qlJ, day 'j , 1992. ",-i-" .~{f'~~oc' > ./~ City of sa~~~:na dino (), -1 \/lAr"" P_.~,-~"- --_..--~-- 2 (Approved per Cty.of Sn.Bdno Res 92-366 adopted 9/8/92) 1 LEASE AGREEMENT - LEASE NO. J5.06-121 2 3 This Lease is mnde nS of this \H..h dav of :S.\Lft.",,-~, , 199~ , by nnd 4 between the CITY OF SAN BERNARDINO, a municipal ccwpcwation, hereinafter 5 referred to as "Lessor", and SAN BERNARDINO ,nJNHlR ALL-AMEmCAN FOOTBALL, 6 hereinafter referred to as "Lesseell. 7 Recitals 8 This Lease is made and entered into with respect to the following facts: 9 WHEREAS, Lessor is the owner of the property herein described as a 10 portion of Lot 8, Block 19, Rancho San Bernardino, and the structure common- 11 ly known as 1244 West Ninth Street; and 12 WHEREAS, sai d structure is not now needed for munid pa I use and is not 13 considered for' municipal use during the term hereof: and 14 WHEREAS, Lessee desires the use of said structure, 15 NOW, THEREFORE. in considerallon ot the rental hereafter r'eserved and 16 agreed to be paid to Lessor by Lessee and the mutunl promises, ohligations, 17 agreements and covenants hereinafter' set forth and the faithful p"rformance 18 thereof, th" parties herebv mutually agree as follows: 19 1. Er:op"ri:2'- lce_as_e~ . 20 Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, 21 that certain property and structure located East of Mt. Vernon Avenue, on 22 the North side of Ninth Street, commonly known as 1244 West Ninth Street, in 23 the City of San Bernardino, County of San Bernardino, State of California, 24 together with the exclusive use of the parking faci lities adjoining said 25 t t s rlle ure. Said pr'operty is outl ined in red in attached Exhibit "A". 26 2. Term. 27 The term of this lease shall he for a perio(l of two (2) years, heginning 28 Tlecember 1, 1992 and lerminaling Novemher 30, 1994. 08/17/92 LEASE: 1244 WEST N"JNTH STREET - SAN BERNARDINO aUNJOR ALL-AMERICAN F()OTBALL / 1 3. R-":'l.~aLLa'ym~ts. 2 Lessee agrees to pay and Lessor agrees to accept as rental for said 3 premises during the term hereof. a monthly rental of seventy-five dollars 4 ($75.00). Said rental payments shall be paid on or before the first Monday 5 of ear:h month and made payable to the Lessor. Attention: Real Property 6 Section. 30() North "D" Street. San Bernardino. CA 9241B, 7 4. LJse~oJ]!:emis~es. 8 The premises are leased to the Lessee for use as an office, a meeting 9 place. and for storage of equipment. materials. and supplies utilized by 10 Lessee. Lessee agrees not to use the premises. nor to permit their use or 11 the use of any part of them. for any other purpose. No organized athletic 12 contact shall be allowed on the premises. 13 5. Termination. --------~ 14 This Lease shall be terminable at the option of either party upon the 15 service of ninety (90) days advance written notice of such termination to 16 the other party. Upon termination of this Lease, Lessee shall surn,nder the 17 property occupied by this Lease in as good condition as it was at the time 18 Lessee took possession. subject to the conditions herein set forth. 19 6 . InrprQv~lIl~nts . 20 Lessee shall not make. or suffer to be made. any alterations to the 21 leased premises. or any part thereof. wi thout the pr'ior written r:onsent of 22 Lessor. Any and all alterations and/or improvements made to the demised 23 premises pursuant to this ser:tion shall. upon terminat.ion of this Lease 24 agreement. remain as a part. of the premises and at no cost or obligation to 25 the Lessor. 26 7. Maintenance and Operation. 27 Lessee is familiar with the leased premises and has knowledge of the 28 present conditions that exist thereon. Lessee shall. at Lessee's own cost 08/17/92 2 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 i 28 I I 08/17/92__ LEASE: 1244 WEST N1NTH STREET - SAN BERNARDINO JUNIOR ALL-AMEIUCMI FOOTBALl. and expense, keep and maintain all improvements thereon in good condition and repair, both as to the exterior and interior portions thereof. Lessee shall provide or cause to be provided, all security services, custodial services, janitorial services, lawn maintenance services, and weed abatement services which are ('equired for the proper care and use of the premises. Lessee shaJI lIse al I reasonable precaution to prevent waste, damage or injury to the property. Lessor shall, at any reasonahle time, have the right to go upon the property and inspect and examine th" same relaUve to such maintenance and upkeep. 8 . LJ~!)J!ie~ . Lessee shall pay for all electricity, gas, water, refuse service, telephone service, and all other services and utilities, including service installation fees and charges for such utilities which are not or may hereafter be provided to the leased premises as to any charges or fees accruing during the term of this Lease. If Lessee desires additional utili.ties and/or utility services to the premises, Lessee must first obtain written consent from Lessor. 9. OwllersN,p. Lessee acknowledges Lessor's title, paramount interest and ownership of the subject property, and l.essee agrees never to claim, chn.llenge, or contest said title, ownership or interest of Lessor. 10. Tax_es/PQ,,;s.es_soD'_ _Inte_re.c".t. Lessee covenants during the term of this Lease to pay, when due, all taxes and assessments that may he assessed or imposed upon the Lessee's possessory interest in and to the premises and upon personal property located on the leased premises. During Lessee's possession and use of the leased premises, should any taxes thereon be assessed against Lessor, Lessee agrees to indemnify Lessor thereon. 3 LEASE: 1244 WEST NINTH ,':;TREf~T - SAN BERNARDrNO ,JIJNWR ALT.-AMERICAN FOOTBALL 1 2 3 4 5 6 7 8 9 10 11 12 13 11. J\mel!<:IJII~Ii. This agreement may be amended or modified only by written agreement signed by both parties. 12. Insurance. ______.._u ..__.__ (a) Fire. Lessee agrees to procure and maintain in force during the term of this agreement and any extension thereof, at its expense, a policy or policies of insurance whereby the CITY OF SAN BERNARDINO will be named as the pr'imary insured against loss or damage to the leased premises, appurtenances and permanent equipment therein, resulting from fire, windstorm and extended perils, in a minimum amount of SlOO,OOO.OO. Damage from I ightning, vandalism, malicious mischief and such perils ordinari Iv defined as "extended coverage" shall be included in such coverage. The insurance policy shall be issued in the names of Lessor and Lessee. The 14 insurance policy shall provide that any proceeds shall be made payable 15 solely to the Lessor, or, alternatively, to Lessor and Lessee, as their 16 interests may appear. 17 (b) ]JAQi~!lY' Lessee agrees to procure and maintain in force during 18 the term of this lease and any extension thereof, at its expense, public 19 I iabil i ty insurance in companies and through hrokers approven hy Lessor 20 through its Risk Manager, adequate to protect against liability for' damage 21 claims through the Lessee's use of or arising out of the use of the leased 22 premises, in a minimum amount of ONE MILLION DOLLARS (Sl,OOO,OOO.OO) 23 combined single limit. Lessee sha] I provine to Lessor's Risk Management 24 Division, an annual po] icy of insurance which includes: 25 1. The City of San Bernardino as an additional named insured; 26 2. The insurance company name, po] icy number, period of coverage and 27 the amount of insurance; 28 3. That the Rea] Property Section of the City of San Bernardino must be 08/17/92 4 Otl/17/92 LEASE: ] 2',4 WEST NT~TH STREET - SAN BI':RWAR[)]NO JUNIOR ALL-AMERICAN FOOTBALL 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 given notice, in writing, at least thirty (30) days prior to c,mcellation, material change or refusal to renew policy; and 4. Condition that Lessee's insurance will be primary to any cov"rag" that Lessor may have in effect. L"ssee agrees that, if such insurance po]ici"s are not kept in force rluring th" term of this l"as" , and any extension thereof, t"ssor may have the option of on" of the 1'0] lowing: (a) Pr'ocnre the neC"SSM'y insnranc", pay the pr'emium ther"for, nnd that such pnemium shall be repairl to L"ssnr as nn adrlitional r"nt instn]lment for the month following the date on which such premium is pairl. (b) Immediate]y declare this Lease in defnult, nnd terminate this Lease forthwith. 13. !lam~Ke_)JY_I'~-,=-e-,--Eartl1qui,k~__o~__C'!J.alnJ:\:1'. If by earthqunke, flood or other similar calamity or act of God, or if by fire, act of war or other similar cause, any existing improvements, or any improvements constructed by Lessee on the leased property are destroyed or damaged to a substantinl degree, Lessee shall repair them when such rep,nrs can be made in conformity with any applicable law, and if, within ninety (90) days after the date when such destruction or damage occurs, LeRs~e has not commenced repnir or reconstruction, the Lp-ssor may terminate this Lease upon forty-five (45) days' written notice to Lessee. If so terminated, then Lessee shall, at its own expense, anrl upon eledion by Lessor, forthwith remove any or all of the dnmagerl improvements. 14. Tnrlemnification. - - -'--- --.- Lessee shall exercis" its privileges under this Lease at its own risk. tessee shall indemnify and hold harmless tessor, its elective and appointive boards, commissions, officers, agents and employees from liability resulting from, arising out of, or in any way connected with, the 5 l~EASE: 1244 WEST NINTH ~"TRERT - SAN BERI>AROlNO ,IIJNllJR ALL-fiMERICAN FOOTBALL 1 Lessee's operations Imd"r this agreem"nt or Lessee's occupation of the 2 property. including claims resulting from the conduct of Lessee. its 3 employees, invitees, guests or agents of Lessee. or Lessee's failure to 4 perform its promises in connection h"rewith. Lessee shall defend Lessor, 5 6 7 8 its elective and appointive boards, commissions, officers, agents, and employees from any suits or actions at law or in equity tor damages caused. or all"ged to have be"n caused, by reason of any of Lessee's operations under this agreement. Lessor shall not be I iab] e to Less"e if Lessee's 9 occupation or use of the property is hindered or' disturbed. 10 15. Not] ces. -~-_.~----- 11 All notices herein required shall be in writing and delivered in 12 person or sent by certified mail. postage prepaid. addressed as follows: 13 LESSOR: LESSEE: 14 CITY OF SAN BERNARDINO Real Property Section 300 North "D" Street San Bernardino. CA 92418 (714) 384-5111 SAN BERNARDINO JUNIOR ALL AMERICAN FOOTBALL 1244 West 9th Street San Bernardino. CA 92411 (714) 889-7717 15 16 17 16. COI!<!.itio~'!Uroperty Upon S!,rrendex. 18 Upon termination of this agreement. Lessee agrees to surrender the 19 said property occupied under the Lease herein granted. in as good 20 condi tion as same was at the time of Lessee's or"iginal entry. Lessor may 21 elect to take possession of and appropriate to itself without payment any 22 property of Lessee, or anyone claiming under Lessee, whir-h Lessee fails to 23 remove after notice. 24 17. S~,:,er:itbt lit:.Y. 25 [n the event this agreement, or any portion thereof. should be 26 determined to be void, illegal or improper, for any reason whatever. al 1 27 other portions of the agreement shall remain fully enforceable to the extent 28 possible after such det"rminations. 08/17/92 6 LEASE: 1244 WEST NINTH S'nIEH - SAN flERNAROINO ,TI'NTOlI ALlrAMERICAi'/ FOOTllALL 1 18, Default. 2 In the event Lessee shall be in defaul t in the payment of ,'ental s, 3 taxes, or other charges hereunder, or shaJl otherwise breach its covenants 4 or obI igations hereunder, and shaJl be and remain in default for a period of 5 thirty (30) days after written notice from Lessor to it of such default, 6 Lessor shaJl have the right and privilege of terminating this. Lease and 7 declaring the Same at an end, and of entering upon and taking possession of 8 said premises, and shal I have the remedies now or hereafter provided by law 9 for recovery of rent and/or taxes, repossession of the premises and damages 10 occasioned by such default. If such dp.fault should occur, then Lessor shal I 11 have the l'ight to take possession of and appropriate to itsP.]f without 12 payment thp.refor, any property of Lessee or anyone claiming under him, thp.n 13 remain; ng on said premi ses. 14 19. E;U~cLoLLe?s'!'=-'~~\iliiyeI'. 15 Lessor's waiver of breach of one term, covenant, or condition of this 16 Lease is not a waiver of breach of others, nor of subsequent breach of the 17 one waived. Lessor's acceptance of rent instal lments after breach is not a 18 waiver of the breach, except of breach of the covenant to pay the rent 19 installment or installments accepted. 20 20, Duty,.i~ t:I,!!<:,,--AJ~t.eIlit5 ons '.. AtW.U5 ons,-_oI'.J:l1.an@.s__.Relfll.l.!,ed..by.L"w . 21 If, during the term of this Lease, any law, regulation, or rule requires 22 that an alteration, addition, or other change be made to the leased 23 premises, the parties agree as fol lows: 24 (a) If the alterations, additions, or changes are required as a result 25 of Lessep.' s use of the premi ses, Lessee wi I J make them and bear a 1 I expense 26 connp.cl.ed therewi tho 27 (b) If the alterations, additions, or changes are required as a result 28 of the condition or natm'e of the premises at the time of execution of this 08/17/92 7 LEASR: 1244 WRST NINTH STJlRFT - SA~ f\RRNARDINO ,nJNIOR ,\U,-AMRRICt.N FOOTBALL 1 l,ease, not. caused by use of the premises by Lessee t Lessor wi 11 make t-hP.ID 2 and bear all expense connected therewith. 3 21. InspecJj,()_n~. 4 Lessor, its agents, officers, or employees may enter upon the leased 5 6 7 8 premises at such reasonable times during Lessor's normal business hours as it deems necessary for the purpose of inspection of the premises to determine whether the terms and conditions of this Lease are being performed and kept by Lessee. 9 22. Non-Discrimination. --..--,----.... _ -,--"'-,,'----'-.-- 10 11 The Lessee hereby covenants by and for itself, its heirs, executor"s, ad- ministrators, employees, agents, and assigns, and a]l persons claiming under 12 or through it, that there sha]] be no discrimination against or segregation 13 of any person or group of persons, on account of race, color, religion, sex, 14 national origin, ancestry, age, or handicilp, in the leasing, subleflsing, 15 transferring, use, occupancy, tenure, or enjoyment of the premises herein 16 ]eased, nor shall the Lessor itself, or any person claiming under or through 17 it, estab] ish or permit any such pract ice or practices of discl'imination or 18 segregation with reference to the selection, location, number, use, or 19 occupancy, of tenants, lessees, sublessees, subtenants, agents, employees, 20 assigns, or vendees in the premises herein leased. 21 23. ~-'?>;_iJQ!ments: So] e OccupanC)<'. 22 Lessee shall not assign this Lease or sublet the leflsed premises or any 23 part thereof without obtaining the prior written consent of the Lessor. The 24 part! es contemp] ate that Lessee sha] 1 be the so I e occupant of these 25 premises, and the rental rate is estilb]ished bflsed in part thereon. Anv 26 change in occupancy constitutes il milteria] breilch of this agreement. 27 24. Eminent Domain. 28 If the whol e of the ] eased premi ses, or so much thpreof as to render the 08/17/92 8 LEASR: 1244 WRST NTII'TH STREFT - SAil' BERNARnWO .JUNIOR ALL-AI1ER1Ci\N FOOTBALL 1 remainder tlnusahl e for the purposes for whi ch the same was leased, sha II be 2 taken under the power of eminent dtlmain, then this Lease shall terminate as 3 of the date possession shall be so taken. If less than the whole of the 4 ] eased premi ses shaJ I be taken under the power of eminent rlom" in, and the 5 remainder is usable for the leased purposes, then this Lease shall continue 6 in full force and effect and shal I not he terminated by vi due of such 7 taking and the parties may waive the benefit of any law to the contrary, in 8 which event the parties shall determine if a partial abatement of the rent 9 hereunder is justified. Any award made in eminent domain proceedings for 10 the taki ng or dilmaging of the ] eased premises in who I e or in part sha I ] be 11 paid to the Lessor (together with ilny other money which shall be or milY be 12 made availahle for such purposes). 13 25. Le""e_ B!,ear,hed..by"'_Lessee' ~ Reeejye"shil'L }\ssignmenL for Benefit of 14 Creditors ,_I.nsol.v.ency, or.llankruptc)I. 15 Appointment of a ,'eceiver to tilke possession of Lessee's assets, 16 Lessee's generilJ ilssignment for henefi t of creditor's, or Lessee's i nso I venev 17 or taking or suffering action under the Bankruptcy Act is a breileh tlf this 18 Lease and shall terminate same. 19 26. L~i's~Ap.p1.icii1JL~.to Sll.Cc.ess(j'::"LF,tc. 20 This Lease and the terms, covenants and conditions hereof apply to, and 21 are binding on the heirs, successors, executors, administrators and assigns 22 of the parties hereto, 23 27, F,ntire. AgreeDlentLLe""e, 24 This document represents the entire, total, and complete agreement and 25 no other written and/or oral agreements exist in this regilrd. 26 / / 27 / / 28 / I 08/17/92 9 - . LEASE: 1244 WEST NINTH STREET - SAN BERNARDINO ,TIJNTOR ALL-AI'lERICA'N FOOTBALL Res. 92-366 1 IN WITNESS WHEREOF, the parties hereto have executed this agreement on 08/17/92 2 the date first ahove written. 3 4 5 6 7 8 9 10 LESSOR: DATED: SEP 11 1991 11 ATTEST: 12 Z~~t:{1f&Er;1W!{ftJ--.-- --- :: ;" Jaty)tbu)jfrudjY;i2~ iJpt{l~ v 13 16 17 18 19 20 21 22 23 24 25 26 27 28 LESSEE: DATED: Approved as to form and legal content: JAMES F. PENMAN, City Attorney n () 0"" lJ~ CITY OF SANBER~ARDI N(?__ By: ~~~________ Valerie Pope-Ludlam, Mayor Pro Tempore Dated: SAN BERNARDINO ,JUNIOR ALL AMERICAN FOOTBALL - . I "/7lf '/ / Bv:", - .1iJ! (., ~ ':-c>_ . -+-!...L<"~~7yt.-.LL,",".=.L-,__---- Printed Name :.Kln_TH. .1OHN_SOL_____ Ti tIe: ]!".e"i.df-!l:l:_________________ 10 i - . , t .. . '.. .. 5 , 'Ql ;;: III .... " - ~ ;. 11l~ .., o l:: ~ ": '. :t is. . . @ d'~ '" \I) ,~ il . (j) ,. I ,., .. ~ ,., . I ... . @ .. , I " ,. @, , . . -~' .. -" " ! --.-" -t- -l~. L . .. l:o"'71. ,I ... @:. "'.,j ~ ~ I 11-T-, u'" /,.' ~ ~ ~ . . ~. ~ < e . ", If;~ "", I :-,. ; r:;- ~ .(0" I I ~. " I , : , CIl , -l @ @ I @ @ , $ @ @ @) ~: ~ I I I I I , I ,., , i I ~' @~ ... I I I n' I. '1,6' : - ~,,:' " STREET-t~.. +-..- . . EXHIBIT "A"