HomeMy WebLinkAbout1990-364
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RESOLUTION NO. :70-30/
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH THE REDEVELOPMENT AGENCY OF THE CITY OF
3 SAN BERNARDINO RELATING TO THE PUBLIC ENTERPRISE CENTER-
LIBRARY.
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
5 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:.
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SECTION 1. The Mayor is hereby authorized and directed to
7 execute on behalf of said City a Lease with the Redevelopment
8 Agency of the City of San Bernardino, which lease is attached
9 hereto, marked Exhibit "A", and incorporated herein by reference
10 as fully as though set forth at length.
11 I HEREBY CERTIFY that the foregoing resolution was duly
12 adopted by the Mayor and Common Council of the City of San
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Bernardino at a /~.J
day of t1~ ,1990,
Council Members:
meeting thereof, held on the a2CJtE':(
by the following vote, to wit:
ESTRADA
AYES
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NAYS
ABSTAIN
REILLY
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MAUDSLEY
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MINOR
POPE-LUDLAM
MILLER
~~cd ~-~~
Cit Clerk
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1
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO RELATING TO THE PUBLIC ENTERPRISE CENTER-
LIBRARY.
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is ~1bY apP:~~ed,this
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, "'7':.' /../ / 1//i. /
I /Jj/, AJl~ ',\1
M.;ty r Pro Tern .
C~~y of San Berqa dino
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.21~ day
The foregoing resolution
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, 1990.
of
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Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
BY'~)
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2 LEA S E
3 CITY OF SAN BERNARDINO
4 ("PUBLIC ENTERPRISE CENTER" - LIBRARY)
5 THIS LEASE effective as of July I, 1990, by and between the
6 Redevelopment Agency of the City of San Bernardino, a public
7 body, corporate and pOlitic of the State of California
8 (hereinafter called "Lessor"), and the City of San Bernardino, a
9 municipal corporation (hereinafter called "Lessee").
10 WITNESSETH:
11 WHEREAS, Lessor owns the real property located at 1505 West
12 Highland Avenue, San Bernardino, California, where the premises
13 are located; and
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WHEREAS, heretofore the Lessor has received an Order from
15 the Bankruptcy Court to take possession of the premises from
16 Operation Second Chance, Inc., the previous Lessor of the
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17 premises pursuant to the certain lease dated February 15, 1982,
18 between Operation Second Chance, Lessor, and the City of San
19 Bernardino, Lessee.
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20 NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1.
Lessor does hereby demise and let unto Lessee the
22 following described premises, to wit: a portion of the building
23 located at 1505 West Highland Avenue, San Bernardino, California,
24 which portion of said building is described as follows: an area
25 of approximately 3,000 square feet on the main floor known as the
26 library area number one, the location of which is shown on
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Exhibit "A" attached hereto and incorporated herein.
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TO HAVE AND TO HOLD the same, w~th the appurtenances
thereunto be1ong~ng unto the Lessee for and dur~ng the term of
three years, beginning on the 1st day of July, 1990, and ending
on the last day of June, 1993, at a rental schedule as more
particularly set forth ~n Exh~bit "B" attached hereto and
incorporated herein by reference.
Upon the exp~rat~on of this Lease, Lessee has an option to
renew for one three-year term subject to the parties us~ng their
best efforts to negot~ate a mutually agreeable rental rate.
Either party, with or without cause, may terminate this
lease effect~ve June 30, 1991, or June 30, 1992, by providing
wr~tten notice to the other party at least sixty (60) days prior
to such termination date.
2. Lessee here~n covenants by and for ~tse1f and its
assigns, and all persons claiming under or through ~t, and this
Lease is made and accepted upon and subject to the following
conditions:
That there shall be no d~scrim~nat~on aga~nst or
segregat~on of any person or group of persons, on account of
race, color, creed, religion, sex, mar~ta1 status, national
origin, ancestry or physical handicap, ~n the leasing,
subleasing, transferring, use, occupancy, tenure, or enjoyment
of the premises here~n leased nor shall the Lessee ~tse1f, or any
person c1aim~ng under or through it, establish or permit any
such practice or practices of discrimination or segregation with
reference to the selection, location, number, use or occupancy,
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of tenants, lessees, sublessees, subtenants, or vendors in the
premises herein leased.
3. Lessee does hereby covenant and agree with said Lessor
to:
(a) Pay said rent at the time and place and in the manner
aforesaid;
(b) Use and occupy said premises for office and public
library purposes only and in a careful and proper
manner;
(c) Not commit any waste therein;
(d) Not use or occupy said premises for any unlawful
purpose; and to conform to and obey all present and
future laws and ordinances, and all rules,
regulations, requirements and orders of all
governmental authorities or agencies, respecting the
use and occupation of (but not repairs or alterations
in or to) the demised premises;
(e) Not assign this lease, or underlet said premises, nor
any part thereof, without the written consent of the
Lessor; which consent shall not unreasonably be
withheld. Any assignee or sublessee shall obtain and
maintain a policy of liability insurance covering its
operations in an amount not less than one million
dollars ($1,000,000) combined single limit and naming
the Redevelopment Agency or the City of San
Bernardino, its officers, agents and employees as
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additional insureds. Such policy of insurance shall
be kept in full force and effect during the entire
term of the assignment or sublease.
(f) Not use or occupy said premises, or permit the same to
be used or occupied, for any purpose or business
deemed extra-hazardous on account of fire or
otherwise;
(g) Make no alterations or additions in or to said
premises without the written consent of said Lessor,
which consent shall not unreasonably be withheld;
(h) Leave the premises at the expiration or prior
termination of this lease or any renewal or extension
thereof, in as good condition as received, excepting
reasonable wear and tear, and excepting damage arising
from the negligence or default of the Lessor, its
agents, employees, or from any of the causes set
forth in paragraph 5(a);
(i) Permit the Lessor to enter upon said premises at all
reasonable time to examine the condition of the same;
(j) Indemnify and save harmless the Lessor from and
against any loss, damage and liability occasioned by,
growing out of, or arising or resulting from any
default hereunder, or tortious or negligent act on the
part of Lessee, its agents or employees;
(k) Not to inscribe, paint, affix, or display any sign,
advertisement or notice on any doors, windows or walls
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of said building without the prior written consent of
the Lessor. Lessor shall provide Lessee with area
display for occasional announcement of events,
activities, or notices;
(1) Abide by all rules and regulations adopted by Lessor
for the reasonable conduct of the operation and
control of said premises as initially shown on Exhibit
"E" attached hereto and incorporated herein, provided
such rules and regulations will not be inconsistent
with operating a public library;
(m) Pay and be liable for all costs, damages and
reasonable attorney's fees incurred by the Lessor in
any successful action or proceeding in court taken to
enforce the obligations hereof, and any judgment
rendered in favor of the Lessor in any such action
shall be a lien upon the right of possession of the
Lessee in said demised premises;
(n) Maintain and replace the plastic protector floor mats
under all chairs that move on rollers as initially
provided by Lessor, in order to minimize wear and tear
and damages to the property;
(0) Keep the inside of the premises in good order and
repair, during the term, and upon failure so to do,
the Lessor shall have the right to give notice in
writing to the Lessee specifying the damages caused by
or arising from the negligence of the Lessee,
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excepting reasonable normal wear and tear; the Lessor
shall have the right to make such repairs and to add
the amount of the cost of them to the rent due under
this lease on the first day of the month following the
date of the repairs; and the cost of such repairs
shall be, and constitutes, such rent, together with
the rent herein provided for, and except as otherwise
provided as normal repairs made by the Lessor;
(p) Pay on demand as part of the rent any increase of
premium for insurance of the building or premises, or
any part, above the least hazardous rate, for the
business mentioned in this lease, that may be imposed
in consequence of the use or occupation by the Lessee,
or that may be due, in any way, directly or
indirectly, to the use and occupation of the premises
by the Lessee;
(q) Keep, save and hold harmless the Lessor from any and
all damages and liability for anything and everything
whatever arising from, or out of, the occupancy by
Lessee, and from any loss or damage arising from any
fault or negligence by the Lessee, or any failure on
the Lessee's part to comply with any of the
covenants, terms and conditions contained in this
Lease.
4. Lessor on its part covenants and agrees with the
Lessee that it will:
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(a) Pay for electricity, water, refuse, sewage, heat,
including supplies, and automobile parking facilities
without additional cost to Lessee;
(b) Furnish security, janitorial service, and ground
maintenance without additional cost to Lessee, as set
forth in Exhibits "CO and "D" attached hereto and
incorporated herein by reference.
5. It is mutually agreed by and between the Lessor and
Lessee that:
(a) If, during the term hereof, the demised premises or
any part thereof are rendered untenantable by public
authority, or by fire or the elements, or other
casualty (except such as shall have resulted from the
negligence of the Lessee), a proportionate part of the
rent herein reserved (whether paid in advance or
otherwise), shall be abated and suspended according to
the extent of such intenantability, until the premises
are again made tenantable and restored to their former
condition by the Lessor; and if the premises or a
substantial part thereof are thereby rendered
untenantable and so remain for a period of sixty (60)
days, the Lessee may at its option, terminate this
lease by written notice to the Lessor; provided,
however, that if the premises cannot by reasonable
efforts be restored to their former condition within
sixty (60) days, either the Lessor or the Lessee shall
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have the option of terminating this lease by written
notice to the other.
(b) If the demised premises shall be condemned or acquired
by the exercise of the power of eminent domain, then
this lease shall terminate at the time possession
shall be required, and the Lessee shall be relieved of
all future rental payments hereunder. All damage
suffered in settlement or awarded for such taking for
any public purpose shall belong to and be the property
of the Lessor whether such damage shall be awarded as
compensation for diminution in value to the leasehold
or to the fee of the premises herein demised.
However, Lessee shall be entitled to receive from the
condemning agency, but not from Lessor, all expenses
which it may reasonably incur in relocating as a
result of such condemnation or exercise of the power
of eminent domain;
(c) All fixtures and/or equipment of whatsoever nature as
shall have been installed in the demised premises by
the Lessee, whether permanently affixed thereto or
otherwise, shall continue to be the property of the
Lessee, and may be removed by it at the expiration or
termination of this lease or any renewal or extension
thereof; provided, however, the Lessee shall at its
own expense repair any injury to the premises
resulting from such removal;
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(d) If the Lessee shall pay the rent as herein provided,
and shall keep, observe and perform all the other
covenants of this Lease by it to be kept, performed
and observed, the Lessee shall and may peaceably and
quietly have, hold, and enjoy the said premises for
the term aforesaid;
(e) If the Lessee shall at any time be in default in the
payment of rent herein reserved, or in the performance
of any of the covenants, terms, conditions or
provisions of this Lease and the Lessee shall fail to
remedy such default within thirty (30) days after
written notice thereof from the Lessor, or if the
Lessee shall be adjudged a bankrupt, or shall make an
assignment for the benefit of creditors, or if a
receiver of any property of the Lessee in or upon said
premises be appointed in any action, suit or
proceeding by or against the Lessee, or if the
interest of the Lessee in said premises shall be sold
under execution or other legal process, it shall be
lawful for the Lessor to enter upon said premises, and
again have, repossess and enjoy the same as if this
Lease had not been made, and thereupon this Lease and
everything herein contained on the part of the Lessor
to be done and performed shall cease and determine,
without prejudice however to the right of the Lessor
to recover from the Lessee all rent due up to the time
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of such entry. In case of any such default and entry
by the Lessor, said Lessor may relet said premises for
the remainder of said term for the highest rent
obtainable, and may recover from t~he Lessee any
deficiency between the amount so obtained and the rent
herein reserved;
(f) This Lease and all covenants, provisions and
conditions herein contained shall inure to the benefit
of and be binding upon the successors and assigns of
the parties hereto; provided, however, that no
assignment from, through or under the Lessee in
violation of any of the provisions hereof shall vest
in the assigns of any right, title or interest
whatever;
(g) The Lessee shall be responsible for maintenance and
replacement of light bulbs in study carrels provided
by Lessor for Lessee's use.
6. By executing this Lease the parties acknowledge that
they have mutually inspected the property and agree to accept it
in its current condition.
7. Any notices to be given under this lease shall be in
writing and deposited with the United states Postal Service,
postage prepaid and addressed as follows:
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RE: "PUBLIC ENTERPRISE CENTER" - LIBRARY
City
Agency
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City Administrator
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
Executive Director
Redevelopment Agency
300 North "0" Street
San Bernardino, CA 92418
7 Nothing in this paragraph shall be construed to prevent the
8 giving of notice by personal service.
9 IN WITNESS WHEREOF, the parties hereto have executed this
10 Lease effective as of the date first hereinabove written.
11
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
"Lesso
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ATTEST:
By:
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App~oved as to form
17 and legal content:
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ATTEST:
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,L-(_1c.d ..c
Cit Clerk
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Approved as to form
and legal content:
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HIGHLAND
NORTH
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Patio
nch
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Patio
Senior Lu
MuRi-Purpo
Room
Lobby
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AVENUE
PUBLIC ENTERPRISE CENTER
1 Nonhwest PAC
2 Wests Ide Drop-In Center
3 CATV
4 Postel and Utility Center
EXHIBIT "A"
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5 People's Choice
6 Library
7 Neighborhood Watch
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2 EXHIBIT "B"
3 RENTAL SCHEDULE
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1st year - $0.80 per square foot per month
2nd year - $0.83 per square foot per month
3rd year - $0.86 per square foot per month
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6 Area to be occupied: 3,000 square feet
7 Monthly Rent:
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1st year - $2,400
2nd year - $2,490
3rd year - $2,580
10 Annual Rent:
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1st year - $28,900
2nd year - $29,880
3rd year - $30,960
Commencing on the 1st day of 1990, and ending on the last day
June, 1993.
The above includes use of security, parking, including supplies,
utilities, refuse sewage, and structural insurance expenses.
Also includes use of the conference room, multi-purpose meeting
room, lobby, display and restrooms.
17 All said rent shall be paid at the office of the Lessor in San
Bernardino, California.
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EXHIBIT C
Janitorial and Maintenance Specifications
Dailv Ser'Vi~e
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Empty and clean ashtrays, wastebaskets and other trash
receptacles.
Remove and deposit all trash into designated pickup
containers.
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Dust aU desks, chain, tables, fUing cabinets and all
other office furniture.
Dust-mop all tile and linoleum floors plus stairs and
lounges.
Vacuum trails in carpets.
Spot clean glass and doors at entrance.
Clean and sanitize drinking fountains.
Clean washroom fixtures and sanitize.
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Refill washroom dispensers.
Wet-mop washroom floors with detergent and sanitize.
Wash splash marks from wall~ around sinks and mirrors.
Keep deodorant blocks in urinals at all times.
Sweep porch, steps and sidewalk around buildings.
Weeklv Service
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Wash all desks and table tops that are clear of material.
Wash all glass doors and aluminum castings on doors.
Damp mop all tile and linoleum floors and buff.
Vacuum entire carpet.
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Dust all windoW sills.
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Spot clean doors, walls and woodwork.
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Periodically
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Strip mop, wax and buff aU tUe and linoleum floors when
needed.
Shampoo entire carpet areas when needed.
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EXHIBIT D
.~ Maintenance of LandacaDe
1. Mow all lawn area. once per week.
2. Weeding all planter. when needed.
3. Spraying and fertilizing all lawn area. every 60 day..
4. Spraying of ~ug. on .hru~. when needed.
5. Wa.h all walk. and patio once per week.
6. General cleanup on entire land.cape area. once per week.
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EXHIBIT "E"
-PUBLIC ENTERPRISE CENTER-
QD8rational Rut.. and Reaulations
1. Hours of OD@ratioft
A. The -Public Enterprise Center- will be open for business
according to the fOllowing schedule:
Monday thru Friday - 7 A.M. to 9 P.M. less City
Holidays.
Saturday - 1 - 5 P.M.
Closed Sundays
B. Acce.. other than these hours must be obtained in writing
from Security Management.
2. S~~urity Manaaem.nt
A. Complaints of any kind will be handled by the Security
Management.
B.
Security Management will be the only persons having keys to
the outside doors of the building and the Multi-Purpose
meeting room and Conference room
C. Security Management will be responsible for scheduling
activities in the Multi-Purpose meeting room and Conference
room.
D. Security Management will enforce all Building Rules and
Regulations.
3. Conferen~e Room and Multi-Pureos. Meetina Room
A. All Lessees may use the Conference room and Multi-Purpose
meeting room. Securi ty Management has the responsibi li ty
of SCheduling activities: therefore, reservations for said
use by Lessees must be made through the Security Guard.
B.
Reservations for use of
Multi-Purpose meeting room
beginning and ending of the
and person responsible for
will be granted for said use.
the Conference room or
must state the date, time
activity, specific activity,
reservation before permission
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C.
ae.ervation. for u.e of tbe Conference room or
Multi-Purpo.e ...etinv room will not be vranted by Security
Manavement for activities con.idered out.ide of the
functional operation of tbe L....... bu.in... .uch a.
POlitical ....tinv., 'arti.., Weddinv., ..c.ptions,
Community M..tinV., .tc., witbout tbe writt.n autborization
of tb. L.ssor.
D. '.rson r..ponsibl. for r...rvation of Conf.r.nc. or
Multi-Purpo.e l118etinv rooms i. al.o r..pon.ibl. to ..e tbat
tbe rooms are cl.an.d-up to normal wear illllll8dht.ly after
u...
4. General Oosrational Rules
A. Tb.r. will be no unn.c....ry loud noise tbrouvbout tbe
buildinv.
B. Any and all offic. furniture, fiztur.., macbin.ry and
.quipm.nt taken from tb. buildinv mu.t be cb.ck.d out witb
tb. S.curity Manavem.nt.
C. Tb.r. will be no movinv of office furniture and fbtur..
from offic. to offic. witbout tbe approval of the Security
Manavelll8nt.
80 Loiterinv in tbe Lobby, and Security will be re.pon.ible'
for .nforcinv this rule.
The.e aule. and a.vulation. are .ubj.ct to chanve if conditions
warrant for r.asonabl. conduct of the Operation and Control r-f tbe
.Public Enterprise Center..
D.
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