Loading...
HomeMy WebLinkAbout1991-268 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 " RESOLUTION 91-268 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND GASKA INC. FOR THE LEASE OF A COMMUNITY SERVICE OFFICE FOR SAN BERNARDINO AT 334 WEST BASELINE. 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 a lease agreement between the City of San Bernardino and GASKA Inc. for $1.00 per year for rental of office space located at 334 West Baseline for the relocation of the Area 'B' Police Community Service Office. SECTION 2. That the Police Department be authorized to relocate the Area 'B' Police Community Service Office to 334 West Base- line and that the Council authorize funding in the amount of $1,640 for relocation and operation costs for the remainder of FY 1990/91. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a III III III III III III _ ;:1.# J,. i'1 J~ hF~ ~' ~;t-".l ./"' ". ~.J (,01 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 . . RESO RE: EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND. GASKA INC: FOR THE LEASE OF A COMMUNITY SERVICE O~FICE AT '334 WEST BASELI E 1 adjourned regular meeting thereof, held on the 19th day of June , 1991, by the following vote, to wit: The foregoing resolution is hereby approved this 21st /' /l / / .. ~//';/'~'/ /<//~" ,~ ;/;/ .,A....--... /// W. . H C M6, Mayor City o~ San '.Bernardino Council Members ESTRADA REILL Y HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER day of , 1991. June Approved as to form and legal content: JAMES F. PENMAN City Attorney AYES NAYS ABSTAIN x x x x x x x C(~Ci~ II' 9 10 Res. 91-268 RECEIVED MAY 0 7' 1991 1 2 3 SHOPPING CENTER LEASE BASELINE CENTER 4 5 6 1. PARTIES. This Lease, dated as of this 811 day of ~~, 1991, is made by and between the GALSTIAN FAMILY TRUST (herein 7 called "Landlord") and THE CITY OF SAN BERNARDINO, a municipal 8 corporation, (herein called "Tenant"). 2. PREMISES. Landlord does hereby lease to Tenant, and Tenant does 11 hereby lease from Landlord, that certain space (herein called 12 "Premises" ), having dimensions of approximately twenty-five (25) 13 feet in frontage by fifty (50) feet in depth and containing 14 approximately 1250 square feet of floor area. The location and 15 dimensions of said Premises are delineated on Exhibit "A" 16 attached hereto and incorporated by reference herein. Said 17 Premises are located in the City of San Bernardino, County of San 18 Bernardino, State of California, commonly known as 334 West 19 Baseline, at Baseline Shopping Center. 20 21 conditions herein set forth and the Tenant covenants as a This Lease is subject to the terms, covenants and 22 material part of the consideration for this Lease to keep and 23 perform each and all of said terms, covenants and conditions by 24 it to be kept and performed. 25 26 3. USE. 27 Service Office for the Police Department of the City of San Tenant shall use the Premises for a Police Community 28 Bernardino and shall not use or permit the Premises to be used JNM/bg [ShopCntr.Lse] May 3, 1991 I 1 2 3 for any other purpose without the prior written consent of Landlord. 4. MINIMUM RENT. 4 Tenant agrees to pay to Landlord as Minimum Rent without 5 notice or demand, the annual sum of One Dollar ($1.00), in 6 advance, upon the execution of the Lease Agreement. 7 Landlord agrees that it will, at its sole cost and expense, 8 as soon as is reasonably possible after the execution of this 9 Lease, commence and pursue to completion the improvements to be 10 erected by Landlord to the extent shown on the attached Exhibit 11 "B" labeled "Description of Landlord's Work and Tenant's Work". 12 The term "substantial completion of the premises" is defined as 13 the date on which Landlord notifies Tenant in writing that the 14 Premises are substantially complete to the extent of Landlord's 15 work specified in Exhibit "B" hereof, with the exception of such 16 work as Landlord cannot complete until Tenant performs necessary 17 portions of its work. Tenant shall commence the installation of 18 fixtures, equipment and any of Tenant's work as set forth in said 19 Exhibit "B" promptly upon substantial completion of Landlord's 20 work in the Premises and shall diligently prosecute each 21 installation to completion and shall open the Premises for 22 business not later than the expiration of said thirty (30) days. 23 5. TERM. 24 The Lease term shall be two (2) full years, commencing upon 25 the date of the full execution of the Lease Agreement and ending 26 two full years thereafter. The parties hereto acknowledge that 27 certain obligations under various articles hereof may commence 28 prior to the Lease term, i.e. constructions, hold harmless, etc.; JNM/bg [ShopCntr.Lse] May 3, 1991 2 1 2 3 and the parties agree to be bound by these articles prior to the commencement of the Lease term. 6. USES PROHIBITED. 4 Tenant shall not do or permit anything to be done in or 5 about the Premises nor bring or keep anything therein which is 6 not within the permitted use of the Premises which will in any 7 way increase the existing rate of or affect any fire or other 8 insurance upon the building or any of its contents or cause the 9 cancellation of any insurance policy covering said building or 10 any part thereof, or any of its contents. 11 Tenant shall not use the Premises for jail purposes. 12 Tenant shall not commit or allow to be committed any waste 13 in or upon the Premises, nor to dispose of any toxic or 14 contaminated or potentially contaminated material, waste and/or 15 substance whatsoever in any manner on or around said premises. 16 7. ALTERATIONS AND ADDITIONS. 17 Tenant shall not make or allow to be made any alterations, 18 additions or improvements to or of the Premises or any part 19 thereof without first obtaining the written consent of the 20 Landlord. Any such alterations, additions and improvements made 21 by Tenant pursuant to this article shall conform to every 22 applicable requirement of law or duly constituted authority. 23 24 8. REPAIRS. 25 the Premises as being in good sanitary order, condition and By entry hereunder, Tenant shall be deemed to have accepted 26 repair. Tenant to have fifteen (15) days after occupancy to 27 notify Landlord of any deficiency in the heating, plumbing, 28 electrical and air conditioning system. Landlord to repair such JNM/bg [ShopCntr.Lse] May 3, 1991 3 1 2 3 deficiency at no expense to Tenant. Tenant agrees to repair any damage caused by Tenants as a result of their occupancy of Premises. 4 Landlord shall repair and maintain the structural portions 5 of the building, including the exterior walls and roof, unless 6 such maintenance and repairs are caused in part or in whole by 7 the act, neglect, fault or omission of any duty by the Tenant, 8 its agents, servants, employees, invitees or any damage caused by 9 breaking and entering, in which case Tenant shall cause to be 10 made such repairs and maintenance. Landlord shall not be liable 11 for any failure to make such repairs or to perform any 12 maintenance unless such failure shall persist for an unreasonable 13 time after written notice of the need of such repairs or 14 maintenance is given to Landlord by Tenant. 15 9. LIENS. 16 Tenant shall keep the Premises and the property in which 17 the Premises are situated free from any liens arising out of any 18 work performed, materials furnished or obligations incurred by or 19 on behalf of Tenant. 20 21 10. ASSIGNMENT AND SUB-LETTING. 22 law, assign, transfer, mortgage, pledge, or encumber this Lease Tenant shall not, either voluntarily, or by operation of 23 or any interest therein, and shall not sub-let the said Premises, 24 or any part thereof, or any right or privilege appurtenant 25 thereto, or allow any other person (the employees, agents, 26 servants and invitees of Tenant excepted) to occupy or use the 27 said Premises, or any portion thereof. 28 I I I JNM/bg [ShopCntr.Lse] May 3, 1991 4 7 8 9 10 1 2 3 11. HOLD-HARMLESS. Tenant agrees to defend, indemnify, save and hold Landlord, its officers, agents and employees harmless from any claims or 4 5 6 suits that may be brought by third persons, Tenant or employees of Tenant, on account of personal injury, death, or damage to property, or a property or business or personal interest, arising from any negligent act or omission by Tenant arising out of an incident to this Lease Agreement. 12. UTILITIES. Tenant shall pay for all water, gas, heat, light, power, 11 sewer charges, telephone service and all other services and 12 utilities supplied to the Premises, together with any taxes 13 thereon and also any connection charges related to the above- 14 mentioned services. If any such services are not separately 15 metered to Tenant, Tenant shall pay its pro-rata share, to be 16 determined by Landlord, of all charges jointly metered with other 17 premises. 18 19 13. TERMINATION OF THE LEASE. Landlord and Tenant hereby agree that both parties shall 20 have the right to terminate this Lease provided Tenant or 21 Landlord delivers thirty (30) days advance written notice of such 22 termination to the other Party. 23 14. PARKING IN COMMON AREAS. 24 Landlord covenants that the parking areas at all times 25 available for the non-exclusive use of Tenant during the full 26 term of this Lease or any extension of the term hereof, provided 27 that the condemnation or other taking by any public authority or 28 sale in lieu of condemnation of any or all such common and JNM/bg [ShopCntr.Lsej May 3, 1991 5 , . 10 1 2 3 parking areas shall not constitute a violation of this covenant. Tenant shall not park more than four (4) pOlice vehicles at any time during the business hours of the shopping center at the 4 5 6 main parking lot. However, Tenant has the right to park any additional pOlice vehicles in the rear parking lot of the center known as loading and unloading area. 7 The Landlord shall keep automobile parking in common areas 8 in a neat, clean and orderly condition and shall repair any 9 damage to the facility thereof. Tenant, for the use and benefit of Tenant, its agents, 11 employees, customers, licensees and sub-tenants, shall have the 12 non-exclusive right in common with Landlord, and other present 13 and future owners, Tenants and their agents, employees, 14 customers, licensees and sub-tenants, to use said common and 15 parking areas during the entire term of this Lease or any 16 extension thereof, for ingress and egress, and automobile 17 parking. 18 15. PRIOR AGREEMENTS. 19 This Lease contains all of the agreements of the parties 20 hereto with respect to any matter covered or mentioned in this 21 Lease, and no prior agreements or understanding pertaining to any 22 such matter shall be affected for any purpose. No provision of 23 this Lease may be amended or added to except by an agreement in 24 writing signed by the parties hereto or their respective 25 successors in interest. This Lease shall not be effective or 26 binding on any party until fully executed by both parties hereto. 27 28 16. PARTIAL INVALIDITY. Any provision of this Lease which shall prove to be JNM/bg [ShopCntr.Lse] May 3, 1991 6 " . 1 2 3 invalid, void, or illegal shall in no way affect, impair or invalidate any other provisions hereof and such other provisions shall remain in full force and effect. 4 5 17. SIGNS. Tenant shall not affix any sign to the roof. Tenant shall, 6 however, erect one illuminated sign casing on the front of the 7 premises, at its own cost, provided, however, that all signs are 8 subject to the prior written approval of the Landlord. 9 18. SALE OF PREMISES BY LANDLORD. 10 In the event of any sale of the Premises by Landlord, 11 Landlord shall be and is hereby entirely freed and relieved of 12 all liability under any and all of its covenants and obligations 13 contained in or derived from this Lease arising out of any act, 14 occurrence or omission occurring after the consummation of such 15 sale; and the purchaser, at such sale or any subsequent sale of 16 the Premises shall be deemed, without any further agreement 17 between the parties or their successors in interest or between 18 the parties and any such purchaser, to have assumed and agreed to 19 carry out any and all of the covenants and obligations of the 20 Landlord under this Lease. 21 22 19. SUBORDINATION, ATTORNMENT. 23 subordinate its rights hereunder to the lien of any mortgage or Upon request of the Landlord, Tenant will, in writing, 24 deed of trust, to any bank, insurance company or other lending 25 institution, now or hereafter in force against the Premises, and 26 to all advances made or hereafter to be made upon the security 27 thereof. 28 / / / JNM/bg [ShopCntr.Lse] May 3, 1991 7 1 2 3 20. CERTIFICATE OF SELF-INSURANCE. Attached hereto and incorporated herein by reference is the Tenant's Certificate of Self-Insurance marked Exhibit "CR. 4 5 6 21. NOTICES. All notices and demands which mayor are to be required or permitted to be given by either party on the other hereunder 7 shall be in writing. All notices and demands by the Landlord to 8 the Tenant shall be sent by United States Mail, postage prepaid, 9 addressed to the Tenant at the Premises and at the addresses 10 hereinbelow, or to such other place as Tenant may from time to 11 time designate to the Landlord. All notices and demands by the 12 Tenant to the Landlord shall be sent by United States Mail, 13 postage prepaid, addressed to the Landlord at the address set 14 forth herein and to such other person or place as the Landlord 15 may from time to time designate in a notice to the Tenant. 16 17 18 19 20 To Landlord at: c/o Gaska, Inc. 100 West Broadway, Suite 950 Glendale, CA 91210 To Tenant at: San Bernardino Police Department Attn: Chief of Police 466 West Fourth Street San Bernardino, CA 92418 21 IN WITNESS WHEREOF the parties hereto have executed this 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / JNM/bg [ShopCntr.Lse] May 3, 1991 8 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 Lease on the date first written herein. FAMILY T ACCEPTED AND AGREED JNM/bg [ShopCntr.Lse] 9 May 3, 1991 TENANT ///~ /1 ;;-::> A~/. ~ RfL~s~~ CITY CLERK .Ii . . / / : / I J (~- .I E i 4- I \ ...:. IF \, r-- IE L~:t. ~, O. L :l.~ . IJ I'll I, fXn. .. ,. IT '" .l. 71 . A .. .I. ... Ir- r- , i- - ,,- ~ :J ~ '~ .- --, '3:; ~ I~ 'I~ il~ = F 'll = -;z:::r,,: L_ H .~, I~ - 'C , --, . .~ ' :: =; I , _ t~ dl_ JIJJ:IT1.r:ttL ~ ~ p '1)- -.:::JF , -<:t= - -<'r .3 n I 1 -', =, r-i F El' -, 3 <; ..., 'il I I ~. I zl~ = ct: . -oJ" . c a.. " '" I w " I- ~ - .. enl > ~ I 0 II II < .. :t :x o ~ !. .1 II "!~ . .- J ......-- .. t':(. · lll.t-.l~l w .....t..:r- I to- .n~ f f C .....J (<II '2 .t...~. ! iI,_ . 'U'II' J ~~HH:ll, " · 1'1111 1 '4 h ~ ,i. < ,. l,','If, 'H "'1,1 f lU II ........1..42 J 11,t:~~~l:;1t :~,!:,! .. ... :- w ~~'~ ~ ~~.... ..,' . ~ , I I I \. c- --- , -L I \ : -- -- , t: x.,.( A' I - ": ':" 1-. \~, . ?r./ _? f' \f .--- --. -.J....--I, -- .. - . .. - . --. .,\ ~ } ~ ~// f~ ~ ~ IL }__ _____ 9:1.:,-__... '::: .-. , 1---. ~ , .t k>: r; n /- / 11= I 1--.-- I ~ -c: ,- , ~ ~ .ii ~ r f ') l-i ."'" (l---\~- fl {\ - /Lt-'711 U' . --j- --------- . ~ ~ (1 I . .;:'_.......:.1 ".,. . "'l~ -_' ,~- ,.,- ,.~; . . . ..~. . "T" '- ~~ L ~c; ia: I I . I; I~ I f f (' 'I' (" i EXHIBIT "B" DESCRIPTION OF LANDLORD'S WORK Landlord shall install the following tenant improvements at Landlord's sole COstl To install the demising wall up to the roof line. To replace broken window fronts. To frame, drywall, tape and texture four walls 7' high, per plan attached. To install two office doors with the hardwarp. To remove all existing cabinetry. Landlord shall not be responsible for the relocation and installation of the existing cabinetry. To remove the floor covering and install carpet floor covering not to exceed $10.00 per sq. yard in the entire space excluding toilet which shall have vinyl floor covering. The bathroom fixtures to be in working condition. To replace any broken acoustical ceiling tiles and to clean or paint any stained ceiling tiles. All the existing ceiling lighting in good working condition. Landlord shall not be responsible for any additional wall plugs or outlets or switches or any additional ceiling light fixtures. Existing HVAC unit in good working condition, with existing ducting. Repair, patch all the existing walls and paint in pearl white color. Toilet walls and ceiling to be painted in oil base pearl white color. Existing sprinklers shall stay at the same location and height. Landlord shall not be responsible for any cabinetry in the offices or in the kitchen area. Landlord shall not be responsible for any hot water heater or bathroom accessories. , c - EXHIBIT .8 .. "-: .. . - .~. -"::-,~, t M- 1.1I ',~' ::>> tit ..r~',:-'rt. . Z - .. ',; ;c -" I ~ ... 1.1I tit -.:..,.-. ;; -~~~''':-:''' .;;_"lII:, "--cn Ii z ". 0 - t-- j ~ 0 ~.J ~ ... z~ I': L- a: 0:: I r- Ot-* Z !!:cn Q J.. ~::J! --~~; ~ ~~ ~'z 0_~,U1 -; 0 "III ~ Z. . ... II. .. ~I 0< ~'U - oC 0 U Z1 III .....VI' t~.,..."';;~ ,~, -< t- ~... z ..,-- .. Z:p CI .., ,,~. :: LLC~:,~,:t,O ;p- ~.._~,.,. .....- !f', t-.. ':'..... 0 .." " ....,# ~ ..-~... ~'<r; '" D.. t: ,." 1IJ X ;. C..:- >- 1.1I ~ :~, < ....,.U .. . - .': ,i-,. .... ,-1"'1 ',,- o ... ';' ~ 1.1I U '-' - . n (..~ I .'"' _r '" "" - .... r.> I <) I '0 .lO UI i.J~UJ e ; ~ I ';'=11] :~ ~ . ~:! 'llltB~ a ~ ,; ,~J.;;, :nIl. ^' ~ 1 :J~" :' J;I.h ., t'i ~"<Ir . ~;-i":~l~ "; ~ .; e :-- ~.J.e h~ ~ ~ . . . ~'.~' l~;l~ =~ ~ F u~~ "'= u ~ .. $. ~J~...2!'; '''''' '-' 0 "" ~ 0 0 Cr-- . . ~ ~ ~ ~ j ~~~jij · ~ ~ ~ Qj'.:;;jll~":' i .s ci5 ; ~ r~i1~ Iii '0 ~ ~ ~I i1ifjlJi i ~ 0 ~ .- r'S! II ~ S , ., Q) . 2j 0-:1 :lJ ~ . !.~ -g.E m- S ! .~ j~ !.ij . !!i! I Q c: Q) . II~j-:~ ~ -- 1f.I~" 0 5 .'. ~.J: H .~ -4J..c .- 'It"" .....~ ;-=~:3: ;',' ..:"'i<~ 1- ~ -,j ,~~ ...."'". ~: ....0. :: ", - . ,-.... ... 1i- , " .~' .. II) . <U ~~r'.....::~?'c.. - ':. ~ --.' .~:a -~- 'i"~ a.-=- G3 < 1;l., --;;..~ ~ . '_,' .Ie ~< -~~....,~it'O,;; ~ ;;' 1 " . -<'. .Jla.u.'" ~.. ~.I~:.~ ~ i r ~f'- .<r. ":::11 i;f'~ .~.. .- go-..e ~ ~ S ~ . ~., .a.I-AJR:s~ ' , >0 .. g \y' l!iBftl.! . f:= .-- .s . 8 ..11 Be e . r-'.,g ~. ~ _ ~U..J~aC ~ -='0' Q- 1')lOU = ~ r- 'Il . ;<1..2 U ~ CO) g jtIH!~ o ~ .s u ]l]si~ c-o ~ 0 .... .-let.... Q) 0 0 BI~~- :Jl .- r- ~..!! ~ i -- Q. CO) E 812~. :Jl"''''O:S 1...8 -. 6 I: cc~ . ~.t'112~ i5 ~ .0 . . - · Co - ~'. :c':e'''' . 'f.l!i"e ~, <II ~ '" f:-t .;0'''' 't:_!8 ~ "'-.' J! J:5 O""'~".:_.. ,9 UH'-' ..ii&.-." '; ~.__1O....~. ... S . '-._- . . -.' , . -" ~i~>.~.~""--:-"'''''~ -:~:. -.. ~-- .