HomeMy WebLinkAbout1990-278
1 RESOLUTION NO. 90-2~_
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF A PARKING LOT LEASE WITH THE SUNSET GROUP, RELATING TO CERTAIN REAL
3 PROPERTY SITUATED AT THE SOUTHWEST CORNER OF WATERMAN AVENUE AND CAROLINE
STREET.
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5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
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SECTION 1.
The Mayor of the City of San Bernardino is hereby
8 authorized and directed to execute on behalf of said City, a Lease relating
9 to certain real property located at the Southwest corner of Waterman Avenue
10 and Caroline Street, a copy of which is attached hereto, marked Exhibit "A"
11 and incorporated herein by reference as fully as though set forth at length.
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SECTION 2. The authorization to execute the above-referenced
13 agreement is rescinded if the parties to the agreement fail to execute it
14 within sixty (60) days of the passage of this resolution.
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PARKING LOT LEASE WITH THE SUNSET GROU~ - SOUTHWEST CORNER OF WATERMAN
AVENUE AND CAROLINE STREET
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at a
__--EegulaE-____ meeting
held on the
of
2n~day
thereof,
July
, 1989, by the following vote, to wit:
AYES:
Council Members Estrada. Reillv. Flores. Maudslev
Minor._Miller
NAYS: ________~~~~______________________________
ABSENT: _____~oun"_!.! Memb~!:-.Esme-Ludlam
_~~A!!22.<-4:~ft.<!:!",A~,:'iz:,( --
/ City Clerk .
The foregoing resolution is hereby approved this __~~~_day of
_____~1:!.!.Y.______,
Approved as to form
and legal content
James F. Penman
City Attorney
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LEASE AGREEMENT - PARKING LOT LEASE)~~ 15.06-136
This Lease is made as of thi s :;l-LI\day of tdLl<:/-- ' 19JD, by and
between the CITY OF SAN BERNARD INO, a muni ci P4Y corUra ti on, herei na fter
referred to as "Lessor" and SIMCHOWITZ-W NO.1, a California limited
partnership, the entity that owns the adjacent property, hereinafter
referred to as "Lessee".
Reci ta 1 s
This Lease is made and e'ntered into with respect to the following
facts:
A. Lessor is the owner of the property herein described.
B. Lessee desires to lease this property from Lessor, and Lessor is
willing to lease the property to Lessee upon the terms and conditions
hereinafter set forth.
NOW, THEREFORE, the parties hereby agree as follows:
1. Property.
Lessor hereby leases unto Lessee, and Lessee hereby leases from Lessor,
the vacant property located at the Southwest corner of Waterman Avenue and
Caroline Street in the City of San Bernardino, California, and legally
described as:
That portion of Waterman Avenue, vacated per Resolution
No. 89-477 of the City of San Bernardino, lying within
Lot 4, B10ck 65 of Rancho San Bernardi no, as per p1a t
thereof, recorded in Book 7 of Maps, Page 2, Records of
San Bernardino County, State of California, described as
follows:
Commencing at the intersection of the center1i nes of
Vlaterman Avenue and Caroline Street; thence South 89'
47' 49" West, along the centerline of said Caroline
Street, a distance of 195.09 feet; thence South DO' 12'
11" East, a distance of 30.00 feet to the South line of
said Caroline Street, said point also being the True
Point of Beginning; thence South DO' 01' 25" East, a
distance of 40.00 feet; thence South 36' 14' 39" East, a
di stance of 160.77 feet to a point 100.00 feet Westerly
of the centerli ne of Waterman Avenue; thence South DO'
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1 01' 25" East, and parallel with said centerline of
Waterman Avenue, a distance of 290.48 feet; thence South
2 030 29' 11" West, a distance of 256.64 feet; thence
South 890 47' 54" West, a distance of 49.66 feet; thence
3 South 000 01' 25" East, a di stance of 110.00 feet;
thence North 890 47' 54" East, a distance of 85.00 feet;
4 thence North 040 39' 41" East, a distance of 367.30
feet, to a point 50.00 feet Westerly of Waterman Avenue;
5 thence North 000 01' 25" West, and parallel with said
centerline of Waterman Avenue, a distance of 375.79
6 feet; thence North 050 20' 55" West, a di stance of 60.19
feet; thence North 470 46' 33" West, a distance of 36.91
7 feet; thence South 890 47' 49" West, parallel with the
centerline of said Caroline Street, a distance of 112.09
8 feet to the True Poi nt of Begi nni ng.
9 The property is outlined in red on Exhibit "A" attached hereto and
10 incorporated herein.
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Said lease is also subject to the following easements and
12 restrictions:
13 A. Any existing easements for public utility purposes belonging
14 either to the City of San Bernardino or to any public utility.
15 B. An easement reserved for the City of Riverside for the right at
16 any time, or from time to time to construct, maintain, operate, replace and
17 renew one or more pipelines and appurtenances thereto, for the
18 transportation of water, and for the maintenance of water wells, and for
19 incidental purposes, including the right of ingress and egress thereto.
20 C. An easement for Pacific Bell and Southern California Edison to
21 construct, place operate, inspect, maintain, repair, replace and remove
22 such aeri al and underground telephone , tel egraph and communi ca ti on
23 structures and electrical transmission structures respectively, as the
24 companies may from time to time require, consisting of poles, anchors,
25 wires, cables, conduits, manholes, markers and necessary fixtures and
26 appurtenances.
27 D. An easement for the Ci ty of San Bernardi no, in, over, under and
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across the North twenty-fi ve feet (25') of the property herei nabove
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1 described, as measured at right angles to the North line thereof, for
2 street light and storm drain purposes and all appurtenant facilities.
3 In utilizing the easements described in Paragraphs A through D above,
4 the holders of the easements shall do as little damage as is practical to
5 any improvements, of any nature, which Lessee has by then constructed upon
6 the leased property, and will promptly restore the leased property, as far
7 as is practical, to its immediately prior condition.
8 2. Use Restrictions.
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A.
Lessee's permitted uses of the leased property shall be limited to
10 (a) construction, installation and maintenance of a parking lot, (b)
11 landscaping, and (c) such on-site and off-site improvements as shall be
12 requi red by the City of San Bernardi no or any other local governmental
13 entity having jurisdiction over the leased property with respect to such
14 improvements. (d) Such signage in compliance with City and State law. No
15 other use shall be permi tted.
16 The term "parking lot" as used herein shall designate the plural number
17 if there is more than one parking lot area within said leased property.
18 3. Lease Payments.
19
A.
For the lease period January I, 1990 through December 31, 1994,
20 the rent shall be Two Thousand Four Hundred Dollars ($2,400.00) ("Beginning
21 Rent") per year, which shall be due and payable in equal monthly
22 installments, in advance, of Two Hundred Dollars ($200.00), payable on the
23 first day of each calendar month beginning January I, 1990.
24 The Beginning Rent shall thereafter be increased in accordance
25 with Section 3B hereof.
26 All rents shall be sent to the Lessor at the following address:
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12/20/B9
CITY OF SAN BERNARDINO
FINANCE DEPARTMENT, PARKING LOT LEASE NO. 15.06-136
300 NORTH "D" STREET
SAN BERNARDINO, CA 92418
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The Lease number shall be indicated at the bottom of the monthly rent
check.
B. The rent will increase beginning January I, 1995 and every five (5)
years thereafter as follows:
1. As promptly as practicable after the end of the initial five
(5) year period and each subsequent five (5) year period thereafter, Lessor
shall compute the increase, if any, in the cost of living for the preceding
five-year period based upon the Consumer Price Index for Urban Wage Earners
and Clerical Workers, Los Angeles-Anaheim-Riverside Areas-All Items-Series
A (1982-84=100) as published by the United States Department of Labor's
Bureau of Labor Statistics.
2. The Index number for the month of January, 1990 shall be the
"Base Index Number" and the correspondi ng Index number for the month of
January I, 1995, and every five years thereafter as applicable, shall be
the "Current Index Number".
3. The Current Index Number shall be divided by the Base Index
Number, and any resulting positive number shall be deemed to be the
percentage of increase in the cost of living.
4. The percentage of increase multiplied by the annual rent
payable for the preceding five year period shall be the increase required
by Section 3A hereof.
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The term of this agreement shall be for a period of fifty (50) years,
commencing January I, 1990.
5. Improvements.
Lessee shall not make, or suffer to be made, any alterations to the
demised premises, or any part thereof, other than as set forth in Paragraph
2 herein, without the prior written consent of Lessor. Any and all
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a ltera ti ons and/or improvements made to the demi sed premi ses pursuant to
this section shall, upon termination of this Lease agreement, remain as a
part of the premi ses and at no cos t or obl i ga ti on to the Lessor.
6. Duty to Make Alterations, Additions or Changes Required by Law.
If, during the term of this Lease, any law, regulation or rule requires
that an alteration, addition or other change be made to the premises, it is
agreed between the parties to this Lease that the >alterations, additions or
changes are requi red as a resul t of Lessee's use of the premi ses, Lessee
will make them and bear all expense connected therewi th; provided, however,
if the cost of such alterations, additions or changes is in excess of the
annual rent for the year in which such alterations are required, Lessee
shall have the option to terminate this Lease in lieu of making such
changes.
7. Maintenance.
Lessee shall, at Lessee's own cost and expense, keep and maintain all
improvements and landscaping hereinafter constructed on the property in
good condition and repair, and shall use all reasonable precaution to
prevent waste, damage or injury to the property. Lessor shall, at any
reasonable time, have the right to go upon the property and inspect and
examine the same relative to such maintenance and upkeep.
8. Utilities.
Lessee shall pay for all electricity, gas, water, telephone service,
and all other services and utilities, including service installation fees
and charges for such utilities during the term of this Lease.
9. Ownership.
Lessee aCknowledges Lessor's title, paramount interest and ownership
of the subject property, and Lessee agrees never to Challenge or contest
said title, ownership or interest of Lessor.
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10. Assignment.
Lessee shall be entitled to assign or sublease the leased property, or
any porti on thereof to any person or enti ty who owns fee ti tle to a 11 or a
porti on of the adjacent property whi ch is more fully descri bed on Exhi bi t
"B" hereto; provi ded, however, that Lessee shall (a) gi ve to Lessor thi rty
(30) days wri tten notice of such assignment, (b) provide to Lessor the
name, address and taxpayer number of assi gnee or sublessee, and (c)
assignee or sublessee shall execute such documents as Lessor shall
reasonably require in connection with such assignment or sublease. Upon
full assignment of this Lease, and assumption of the obligations hereunder
by the assignee or sublessee, Lessee shall be relieved of any obligations
hereunder.
11. Encumbrances.
Lessee shall payor cause to be paid all costs of construction
and/or installation of the parking lot and landscaping referred to above,
and all utilities used in connection with said parking lot. Lessee shall
keep the property free and clear of any and all claims arising out of
performance of work, furnishing of materials and use of utilities.
12. Permits and Fees.
Lessee shall obtain all necessary permits and pay all license fees,
assessments, taxes, penalties or fines which may be levied against said
parki ng lot.
13. Taxes/Possessory Interest.
Lessee covenants during the term of this Lease to pay, when due, all
taxes and assessments that may be 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,
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lessee agrees to indemnify lessor thereon.
14. Right to Enter.
lessor shall at all times have the right to enter upon the property.
15. Rules and Regulations.
lessee shall observe all rules, regulations, codes and enactments of
the lessor and all applicable statutes of the State of California in
constructing, installing and maintaining said parking lot.
16. Amendment.
This agreement may be amended or modified only by written agreement
signed by both parties.
17. li abil i ty Insurance.
lessee agrees to procure and maintain in force during the term of
this agreement and any extension, at its expense, public liability
insurance in companies and through brokers approved by lessor through its
Ri sk Manager, adequate to protect against 1 i abi 1 ity resulti ng from, a ri si ng
out of, or in any way connected wi th, the cons tructi on, i nsta 11 a ti on and
maintenance of the parking lot in a minimum amount of at least ONE MIllION
OOllARS ($1,000,000.00) combined single limit. lessee shall provide to
lessor's Ri sk Management Oi vi si on, an annual pol i cy of insurance whi ch
includes:
A. The City of San Bernardino as an additional named insured;
B. The insurance company name, poliCY number, period of coverage and
the amount of insurance;
C. Condition that lessor be given notice, in writing, at least
thirty (30) days prior to cancellation, material change or refusal
to renew policy; and
D. Condition that lessee's insurance will be primary to any coverage
tha t lessor may ha ve in effect.
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18. C\1mage by Fire, Earthquake or Calamity.
If by earthquake, flood or other similar calamity or act of God, or if
by fire, act of war or other similar cause, the improvements to be
constructed by Lessee on the 1 eased property are destroyed or damaged to a
substantial degree, Lessee shall repair them when such repairs can be made
in conformity with any applicable law, and if, within ninety (90) days
after the date when such destruction or damage occurs, Lessee has not
commenced repair or reconstruction, the Lessor may terminate this Lease
upon forty-fi ve (45) days' wri tten noti ce to Lessee. If so termi na ted,
then Lessee shall, at its own expense, and upon election by Lessor,
forthwith remove any or all of the damaged improvements.
19. Indemnifi ca ti on.
Lessee shall exercise its privileges under this Lease at its own
risk. Lessee shall indemnify and hold harmless Lessor, its elective and
appointive boards, commissions, officers, agents and employees from
liability resulting from, arising out of, or in any way connected with, the
construction, installation and maintenance of said parking lot, or with the
occupation of the property, including claims resulting from the conduct of
Lessee, its employees, invitees, guests or agents of Lessee, or Lessee's
failure to perform its promises in connection herewith. Lessee shall
defend Lessor, its elective and appointive boards, commissions, officers,
agents 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
Lessee's operations under this agreement. Lessor shall not be liable to
Lessee if Lessee's occupation or use of the property is hindered or
disturbed. Notwithstanding the provisions of this Section 19, Lessee shall
not be responsible for, and shall not be obligated to indemnify Lessor
against, any liability resulting from, arising out of, or in any way
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1 connected with, the use of the leased property by Lessor, the City of
2 Riverside, Pacific Bell, Southern california Edison or any other entity or
3 governmental or quasi-governmental agency entering the leased property
4 pursuant to the easements retained in accordance with Paragraphs A, B, C
5 and D of Secti on 1 hereof.
6 20. Notices.
7 All notices herein required shall be in writing and delivered in
8 person or sent by certified mail, postage prepaid, addressed as follows:
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LESSOR:
LESSEE:
CITY OF SAN BERNARDINO
Real Property Section
300 North "D" Street
San Bernardino, CA 92418
(714) 384-5111
SIMCHOWITZ-W NO. 2
225 Wes t Hospi tali ty Lane,
Suite 100
San Bernardino, CA 92408
(714) 381-4381
14 21. Recorda ti on.
15 Lessor shall have this Lease recorded in the Office of the County
16 Recorder, San Bernardi no County, State of Ca 1 Horni a, together with the
17 appropriate Resolution of the Governing Body of Lessor.
18 22. Condi ti on of Property Upon Surrender.
19 Upon termination of this agreement, Lessee agrees to surrender the
20 said property occupied under the Lease herein granted, in as good
21 condition as same was at the time of Lessee's original entry, and to remove
22 the parking lot paving and landscaping upon demand of, and without expense
23 to, Lessor. If Lessee fails to do so, Lessor shall have the right to
24 remove the parking lot and landscaping at the expense of Lessee, who shall
25 pay the amount of the expense to Lessor on demand. Lessor may elect to
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take possession of and appropriate to itself without payment any property
of Lessee, or anyone claiming under Lessee, which Lessee fails to remove
after noti ce.
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23. Severability.
In the event this agreement, or any portion thereof, should be
determined to be void, illegal or improper, for any reason whatever, all
other portions of the agreement shall remain fully enforceable to the
extent possible after such determinations.
24. Defaul t.
In the event Lessee shall be in default in the payment of rentals or
other charges hereunder, or shall otherwi se breach its covenants or
obligations hereunder, and shall be and remain in default for a period of
thirty (30) days after written notice from Lessor to it of such default,
Lessor shall have the right and privilege of terminating this Lease and
declaring the same at an end, and of entering upon and taking possession of
said premises, 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 Lessor shall have the
right to take possession of and appropriate to itself without payment
therefor, any property of Lessee or anyone claiming under him, then
remaining on said premises.
25. Effect of Lessor's Waiver.
Lessor's wai ver of breach of one term, covenant, or condi ti on of thi s
Lease is not a waiver of breach of others, nor of subsequent breach of the
one waived. Lessor's acceptance of rent installments after breach is not a
waiver of the breach, except of breach of the covenant to pay the rent
installment or installments accepted.
26. Eminent Oomain.
If the whole of the leased premi ses, or so much thereof as to render
the remainder unusable for the purposes for which the same was leased,
shall be taken under the power of eminent domain, then this Lease shall
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terminate as of the date possession shall be so taken. If less than the
whole of the leased premises shall be taken under the power of eminent
doma in, and the remainder is usable for the leased purposes, then thi s
Lease shall continue in full force and effect and shall not be terminated
by virtue of such taking, and the parties may waive the benefit of any law
to the contrary, in which event there shall be a partial abatement of the
rent hereunder in an amount equivalent to the prorated use of the remaining
premises. Any award made in eminent domain proceedings for the taking or
damaging of the leased premises, in whole or in part, shall be paid to the
Lessor (together with any other money which shall be or may be made
available for such purpose).
27. Financing - Secured Interest.
A. Lessee shall have the ri ght to borrow funds for the constructi on
and permanent financing of improvements on the leased property and the
commercial business center for which the leased property shall serve as a
parking area, and to provide its lender a secured interest in Lessee's
leasehold estate created herein. Lessor hereby consents to such financing
and the encumbrance of Lessee's leasehold estate by mortgage, deed of trust
or other similar security device ("Leasehold Mortgage") subject to the
following conditions:
1. A copy of the loan and Leasehold Mortgage documents shall be
furni shed to the Ci ty pri or to executi on thereof; and
2. Lessee shall not be released from its obligation of
performance of all of the covenants of thi s Lease on its part to be kept
and performed duri ng such peri od as Lessor accepts performance by a
Leasehold Mortgagee, unless Lessor shall execute and deliver to Lessee a
release in writing.
8. For the benefit of any Leasehold Mortgagee who records a Leasehold
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Mortgage in the Recorder's Office of San Bernardino County, California and
sends written noti ce of such to Lessor, and for so long as the recorded
Leasehold Mortgage remains a lien on Lessee's Leasehold estate created by
this Lease, Lessor and Lessee agree as follows:
1. Lessor shall deliver to the Leasehold Mortgagee, at its
designated address and in the same manner delivered to Lessee, a copy of
any notice or demand under this Lease at the same time of giving such
notice or demand to Lessee.
2. Lessor shall provi de the Leasehol d Mortgagee wi th wri tten
notice of Lessee's failure to cure any default within the time period
allowed by this Lease and of Lessor's intention to terminate the Lease
based upon such default or upon any other event whi ch gi ves Lessor the
right to terminate the Lease.
3. Lessor shall not terminate the Lease on the basis of any such
default or event if the Leasehold Mortgagee, at its election:
(a) cures such default within sixty (60) days after
receipt of written notice from Lessor of its intention to terminate the
Lease specifying such default or event (the "Termination Notice") if the
default can be cured by the payment of money required to be paid under the
Lease; or commences to cure such default within such sixty (60) day period
and thereafter diligently prosecutes such cure to completion if the default
is nonmonetary; or
(b) Institutes jUdicial or non-judicial foreclosure pro-
ceedings under the Leasehold Mortgage within Sixty (60) days after
receipt of the Termination Notice and thereafter diligently prosecutes such
proceedings to completion; cures such default within sixty (60) days after
receipt of the Termination Notice if the default can be cured by the
payment of money requi red to be paid under the Lease; commences to cure
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such default within such sixty (60) day period and thereafter diligently
prosecutes such cure to completion if the default is nonmonetary, but is
otherwise reasonable susceptible to being cured by the Leasehold ~lortgagee;
AND performs all of the terms and conditions of the Lease which require the
payment of money by Lessee or which are otherwise reasonably susceptible to
being performed by the Leasehold Mortgagee until such time as the Lease is
sold by judicial or non-judicial foreclosure under the Leasehold Mortgage
or is transferred by an assignment in lieu of foreclosure. Any default by
Lessee under the Lease which is not reasonably susceptible to being cured
by a Leasehold Mortgagee or purchaser at a foreclosure shall be deemed to
be waived by Lessor upon completion of foreclosure proceedings by any
Leasehold Mortgagee or upon transfer of the Lease in lieu of foreclosure.
(c) Notwithstanding the provisions of the above Paragraph b,
if the threatened termination of the Lease is based on a default by Lessee
arising from a failure to cure a defect or unsafe condition on the leased
property, Lessor shall be entitled to terminate this Lease unless, within
ninety (90) days after Leasehold Mortgagee receives the Termination Notice,
Leasehold Mortgagee delivers to Lessor a bond, letter of credit, or other
security device reasonably approved by Lessor (collectively the "Bond") in
compliance with the following criteria:
(1) the issuer of the Bond shall be subject to reasonable
approval of Lessor,
(2) the Bond shall be in an amount reasonably determined by
Lessor (and specified in the Termination Notice) to be adequate to repair
such defect or unsafe condi ti on,
(3) the Bond shall provide that if the defect or unsafe condition
is not cured within one hundred eighty (180) days after the Leasehold
Mortgagee receives the Termination Notice, Lessor shall be entitled to draw
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down on the Bond for the purpose of reimbursing Lessor for the cost of
curing such defect or unsafe condition.
C. For the purpose of preserving the Leasehold Mortgagee's right to
cure any default by Lessee and without prejudice to the Leasehold
Mortgagee's rights against Lessee, Lessor and Lessee hereby authorize the
Leasehold Mortgagee to enter upon the leased property and to exerci se any
of Lessee's rights and powers under the Lease and the Leasehold Mortgage.
1. Unless the Leasehold Mortgagee has complied with all of the
conditions contained in part (a) of Subsection (3) above, or all of the
conditions contained in parts (b) and (c) of Subsection (3) above, Lessor
shall have the right to terminate the Lease in accordance with the terms of
the Lease. Nothing contained in Subsection (3) above shall be deemed to
require the Leasehold Mortgagee to cure Lessee's default.
2. In the event Lessee defaults under the Leasehold Mortgage,
the Leasehol d Mortgagee may exerci se wi th respect to the leased property
any ri ght, power or remedy under the Leasehold Mortgage whi ch is not in
conflict with the provisions of this Lease.
3. If required by the Leasehold Mortgagee, the fire and extended
coverage insurance policy maintained by the Lessee with respect to the
leased property shall contain a standard lender's loss payable endorsement
naming the Leasehold Mortgagee as loss payee.
4. Lessor and Lessee shall from time to time upon not less than
(10) days prior written request by the other or any subtenant of Lessee or
any Subleasehold Mortgagee, deliver to the requesting party a signed
written statement certifying that (a) the Lease is unmodified and in full
force and effect (or if the Lease has been modified or if the Lease is not
in full force or effect, stati ng the na ture of the modifi ca ti on or the
basis on which the Lease has been terminated, whichever is applicable); (b)
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12/20/89
to its knowledge, the requesting party (or other party specified) is not in
default under the Lease (or if any such default exists, stating the
specific nature and extent of the default); and (c) the dates to which
monthly rent and other charges under the Lease have been paid in advance.
Each certificate delivered pursuant to this Subsection may be relied upon
by any prospecti ve purchaser of the leased property or the Lessee's
interest under the Lease (or any portion thereof) and by any prospective
subtenant or Leasehold or Subleasehold Mortgagee.
5. Without the written consent of the Leasehold Mortgagee, there
shall be no merger of the leasehold estate created under this Lease with
the fee estate in the leased premises by reason of the fact that such
leasehold estate may be held directly or indirectly by or for the benefit
of any person who owns the fee estate in all or part of the leased
property. Notwi thstandi ng the above, thi s provi si on does not requi re the
consent of the Leasehold Mortgagee for sale of the property by Lessor,
including sale to Lessee.
6. No voluntary surrender or mutual termination of this Lease
shall be effective without the prior written consent of the Leasehold
Mortgagee. No amendment or modifi ca ti on of thi s Lease sha 11 be bi ndi ng
upon or enforceable against a Leasehold Mortgagee unless the Leasehold
Mortgagee has approved such modification or amendment in writing.
O. In the event that thi s Lease is termi na ted by Lessor or Lessee for
any reason whatsoever, or in the event Lessee's interest under this Lease
shall be sold, assigned or transferred pursuant to the exercise of any
remedy contained in the Leasehold Mortgage or pursuant to jUdicial
proceedings, and no rent or other sums payable hereunder are then due and
payable to Lessor then Lessor, within thirty (30) days after receipt of
wri tten request thereof from the Leasehol d Mortgagee whi ch shall be gi ven
15
1 within sixty (60) days after such termination or transfer, will execute and
2 deliver a new lease for the leased property to the Leasehold Mortgagee or
3 its nominee, or to the purchaser, assignee or transferee, as the case may
4 be, for the remainder of the term of this Lease, containing the same
5 covenants, agreements, terms, provisions and limitations contained herein.
6 Any new lease made pursuant to this Paragraph shall be prior to any
7 mortgage or other 1 i en, charge or encumbrance on the fee of the leased
8 property created by Lessor, but shall be sUbject to any subleases in effect
9 immediately prior to the termination of the Lease. All liens, charges or
10 other encumbrances on the fee of the leased property created by Lessor
11 shall contain express provisions to the effect that (a) such lien, charge
12 or. encumbrance shall be subordinate to any such new lease, and (b) the
13 mortgagee or other beneficiary thereof shall, upon request, confirm to
14 Lessee any Leasehold Mortgagee such subordination.
15 Notwithstanding the above, Lessor shall not be obligated to execute a
16 new lease if, at such time, a person other than Lessor or Leasehold
17 Mortgagee is asserting a claim that execution of a new lease by Lessor
18 wrongfully clouds title to an estate in the leased property held by such
19 person, unless Lessee or a Leasehold Mortgagee undertakes in writing to
20 indemnify, defend and hold Lessor and Lessor's elective and appointive
21 boards, commissions, officers, agents and employees harmless from and
22 against any and all liability, loss, damage or expense, including
23 attorneys' fees, incurred by Lessor as a result of executing a new lease in
24 accordance with this Paragraph.
25 28. Lease Applicable to Successors, Etc.
26 This Lease and the terms, covenants and conditions hereof apply to, and
27 are binding on the heirs, successors, executors, administrators and assigns
28 of the parties hereto.
12/20/89 16
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12/20/89
1 29. Complete Agreement/ Lease.
2 This document represents the total and complete agreement and no
3 other written and/or oral agreements exist in this regard.
4 / /
5 / /
6 / /
7//
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9 IN WITNESS WHEREOF, the parties hereto have executed this agreement
10 on the date fi rst above written.
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LESSOR:
RDINO
DATED:
16 ATTEST:
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22 DATED: c7..!-.L.Lir(j', /C;'Y C
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City Clerk
LESSEE: SmCHOWITZ-W NO.1
BY IT'S GENERAL PARTNER,
SIMCHOWITZ CORPORATION,
ORNIA CORPORATION
23
BY:
24 Approved as to form
and legal content:
PATRICIA GREEN
VICE PRESIDENT
JAMES F. PENMAN,
Ci ty Attorney
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PLEASE COMPLETE THIS INFORMATION
.
RECORDING REQUESTED BY:
REAL PROPERTY SECTION
300 N. "0" STREET
SAN BERNARDINO CA 92418
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AND WHEN RECORDED MAIL TO:
DEVELOPMENT SERVICES
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EXlII
SPACE ABOVE FOR RECORDER'S USE ONLY
RESOLUTION NO. 90-278
Title of Document
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THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
(Rev, 6100:ha)
(WonlIS:IDoc Exam/COYW ShMt)