Loading...
HomeMy WebLinkAbout18-Parks & Rec ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Lemuel P. Randolph, Director Subject: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LAND LEASE AGREEMENT BETWEEN THE CITY AND TRAUTWEIN CONSTRUCTION, INC. FOR THE USE OF THE PROPERTY LOCATED EAST OF PIONEER MEMORIAL CEMETERY FOR THE TEMPORARY STORAGE OF EQillPMENT. MICC Meeting Date: May 2, 2005 Dept: Parks, Recreation & Community Services Dept. Date: April 12, 2005 Synopsis of Previous Council Action: None Recommended Motion: Adopt Resolution. Contact person: Daniel Ustation Phone: 5031 Supporting data attached: StaffR<:port Ward: FUNDING REQUIREMENTS: Amount: Revenue up to $6,000 ($500 FY 04/05 & up to $5,500 FY05/06) Source: (Acct. No.) 106-000-4901 (Ar.r.t n~c:rrirtinn) Finance: Council Notes: ~. ?-oo~'I()Y Agenda Item No. ~ 5/~{)5' CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Land Lease Agreement between the City and Trautwein Construction, Inc. for the use of the property located East of Pioneer Memorial Cemetery for the temporary storage of equipment. Background: Trautwein Construction, Inc. has a contract with the City of San Bernardino Water Department to construct a waterline on 9th Street near Pioneer Memorial Cemetery. The company requested permission to use the land East of the cemetery and North of 7'h Street for temporary parking of construction equipment (loaders, backhoes, sheds) stock piling sand, pipe and class II base. No hazardous materials will be stored on the property. A temporary fence approximately 500-ft. x 500-ft. square will secure the equipment and a light tower will be installed for night security. Access to the area will be through the double wrought iron gates located on 7th Street. Trautwein Construction, Inc. will pay a land use fee of $500.00 per month to the Park, Recreation & Community Services Department. The use of the property for storage of construction equipment will not exceed one (I) year. Trautwein Construction Inc. will provide a certificate of insurance naming the City of San Bernardino Parks & Recreation and Community Services as additional insured. Financial Impact: No impact to the General Fund with this action. The projected revenue from this agreement will be up to $6,000. Recommendation: Adopt Resolution. o o o 1 RESOLUTION NO.-t 0) rY RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LAND LEASE AGREEMENT BETWEEN THE CITY AND TRAUTWEIN CONSTRUCTION, INC. , FOR THE USE OF THE PROPERTY LOCATED EAST OF PIONEER MEMORIAL CEMETERY FOR THE TEMPORARY STORAGE OF EQUIPMENT. 2 3 4 " ~ u G BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 SE"CTION 1. The Mayor of the City of San Bernardino or her designee is hereby authorized 81 and directed to execute on behalf of said City a Land Lease Agreement with Trautwein 9 1011 11 Construction, Inc. for the temporary storage of construction equipment on property located East of Pioneer Memorial Cemetery and North of 7th Street in the City of San Bernardino, for a fee 12 of $ 500.00 per month and not to exceed one (I) year, a copy of which is attached hereto, 'I 1'1 13! marked Exhibit "An and incorporated herein by reference as fully as though set forth at length. 1411 I ; SECTION 2. The authorization to execute the above referenced agreement is ,.,.,'1 10 i I i rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage 161 , 17 1311 //I 191 I111 20li //I 211 '''21 ~ I! III 23111, III ~~IIIII ..G 26 III 27 III 28 of this resolution III Ylo. / ( J :J j z!()O I o o 10 i" i ,11 ",II .1._, i .1' 1': II .,> II HII !5i! II !(;II 1711 'I .1 '1"1'" .C i "'10 I 1 ~11 t ;i 2[\1 i i. 21 II .,)1, "':'11 2~11 .1 2,11 J ')') , -. I 2811 , 27 28 o 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LAND LEASE AGREEMENT BETWEEN THE CITY AND TRAUTWEIN CONSTRUCTION, INC. 3 FOR THE USE OF THE PROPERTY LOCATED EAST OF PIONEER MEMORIAL ' CEMETERY FOR THE TEMPORARY STORAGE OF EQUIPMENT. 411 I, r,11 ~I III II 7 i' JII 1\1 91 I 2 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of ,2005, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON MCCAMMACK Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this day of 2005. Judith Valles, Mayor City of San Bernardino Approved as to Form and legal content: JAMES F. PENMAN, City Attorney i1 ,.t/\").....~ ",.'-'"--- ORIGINAL o LAND LEASE AGREEMENT Trautwein Construction, Inc. THIS AGREEMENT (Land Lease), made and Entered into this day of , 2005, by and between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as " Lessor", and TRAUTWEIN CONSTUCTION, INC., hereinafter referred to as "Lessee". RECITALS This Lease is made and entered into with respect to the following facts: (a) Lessor is the owner of the property herein described. (b) Lessor is willing to lease the property to lessee upon the terms and conditions hereinafter set forth. (c) Lessee desires the use of said land and no hazardous materials will be stored on the property. o NOW THEREFORE, the parties hereto agree as follows: 1. Property Leased Lessor hereby leases to Lessee, and the Lessee hereby leases from lessor, the property/vacant land located East of Pioneer Memorial Cemetery and North of 7th Street in the City of San Bernardino, County of San Bernardino, State of California, described as follows: Attached hereto and incorporated herein as Exhibit "B" labeled PIONEER CEMETERY MAP- Diagram of cemetery and property/vacant land available for temporary storage. 2. Use The leased premises shall be used for temporary storage of equipment. Lessee will have exclusive use of the property/vacant land not to exceed one (I) year (description as noted above) for such purposes. Lessor reserves the right to enter property as provided in Paragraph 13; INSPECTIONS. Lessee agrees to use the premises for such purposes, and not to use or permit the use of the property for any other purpose unless the Lessor has previously approved such use in writing. Lessee shall not commit, or allow to be committed, any waste or nuisance in the leased premises, nor shall it use or allow the premises to be used for an unlawful purpose. Lessee shall at all times possess all necessary licenses and approvals for the storage of equipment and shall c o o o immediately notify Lessor, through its City Clerk, at any time that such licenses or approvals have been revoked or modified. 3. Term The term of this Lease shall be for a period of one (I) year commencing June 1,2005 and terminating on May 31, 2006, unless terminated at an earlier date as provided in Paragraph 8; TERMINIA TION. 4. Lease Payments Lessee agrees to pay and Lessor agrees to accept as rental for said premises, for the term hereof, a monthly rental of FIVE HUNDRED DOLLARS ($500.00), The said payments shall be paid on or before the first Monday of each and every month of the term herein. Payments shall be directed to: City of San Bernardino Parks, Recreation, and Community Services Department 547 North Sierra Way San Bernardino, CA 92410 5. Utilities Lessee shall pay for all electricity, gas, water, telephone service, and all other services and utilities, including service installation fee and charges for such utilities during the term of this Lease. If Lessee desires additional utilities and/or utility services to the premises, Lessee must first obtain written consent from Lessor. All additional utility connections for the facility shall be placed underground, 6. Taxes/Possessorv 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 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. Lessee agrees to and shall hold harmless, Lessor from any and all liability for any such taxes due by virtue of tenant's leasehold improvements, equipment, furniture, fixtures, or other personal property. 7. Insurance While not restrlctmg or limiting the foregoing, during the term of this Land Lease Agreement, Trautwein Construction, Inc, shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000, per occurrence combined single limit, naming the City of San Bernardino, its departments, agencies, boards, commissions, elected officials, officers, attorneys, employees, and agents as additionally insured, A certificate of insurance evidencing such coverage shall be provided to the Mayor or her designee, with the added notation that the insurance policy shall not be terminated or materially altered without 10 days prior written notice to the City. o o o 8. Hold Harmless Trautwein Construction Inc. covenants and agrees to defend, (if requested by City), indemnify, and hold harmless the City, its departments, agencies, boards, commissions, elected officials, officers, attorneys, employees and agents from all liabilities and charges, expenses (including counsel fees), suits, or losses, however occurring, or damages arising or growing out of the use or receipt of the funds paid hereunder and all operations under this Agreement. Payments hereunder are made with the understanding that the City is not involved in the performance of services or other activities of Organization. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "counsel fees" for the purposes of this paragraph. 9. Termination This Lease shall be terminable at the option of either party upon the service of thirty- (30) days advance written notice of such termination to other party. Upon termination of this Lease, Lessee shall surrender the property occupied by this Lease in as good condition as it was at the time of Lessee's entry thereof, subject to the conditions herein set forth. 10. Maintenance and Operation The Lessee is familiar with the leased premises and has knowledge of the present conditions that exist thereon. Lessee shall, at its own expense, maintain the leased premises and all improvements thereon in good order, condition, and repair. (a) No hazardous materials will be stored on the property. (b) Licenses. Lessee shall post in prominent place and manner in the demised premises all business licenses, certificates, a copy of this Lease, and all permits that are required to do Lessee's business in the City of San Bernardino. (c) Vendors. Lessee shall not permit vendors to display wares, materials, or advertisements inside or outside the demised premises unless prior written permission is secured from Lessor and such written permission is posted in a prominent place and manner in the premises. 11. Improvements A temporary fence approximately 500-ft. x 500-ft. square will secure the equipment and a light tower will be installed for night security. Access to the area will be through the double wrought iron gates located on 7'h Street. These improvements will be at the cost of the Lessee and wi II be removed at the cost of the Lessee when the lease agreement terminates. Lessee shall not make, or suffer to be made, any alterations to the demised premises, or any part thereof, without the prior written consent of Lessor. Any and all alterations and/or improvements made to the demised premises pursuant to this section shall not exclude use of o o o facilities after hours or on Sundays nor shall, upon termination of this Lease, remain as part of the premises and at no cost or obligation to the Lessor. 12. Make Alterations. Additions, or Cbanl!es Required b\' 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 demised premises, the parties agree as follows: (a) If the alterations, additions, or changes are required as a result of Lessee's use of the premise, Lessee will make them and bear all expense. (b) - If the alterations, additions, or changes are required as a result of condition or nature of the premises at the time of execution of this Lease, and are not caused by use of the premises by Lessee, Lessor will make them and bear all expenses. All alterations, additions, or changes to the building structure will become a part of the property and ownership of the Lessor after expiration or termination of lease. 13. Default In the event Lessee is in default in the payment of rentals or other charges hereunder or is otherwise in breach of its covenants or obligations hereunder, and such default exists for a period of thirty days after notice from Lessor to Lessee 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 it, then remaining on said premises. 14. Inspections Lessor, its agents, officers. or employees may enter upon the demised premises at such reasonable times during Lessor's normal business hours, as it deems necessary for the purpose of inspection of the premise to determine whether the terms and conditions of this Lease are being performed and kept by Lessee. 15. Affect of Lessor's Waiver Lessor's waiver of breach of any term, covenant, or condition of this Lease is not a waiver of breach of any other, nor of any subsequent breach of the one waived. 16. Non -Discrimination Lessee hereby covenants by and for itself, its Sllccessors, executors, administrators, and assigns, all persons under or through it. and this Lease is made and accepted upon subject to the following conditions: o o c That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, disability, sex, national origin, or ancestry, in the leasing, sub-leasing, transferring, use occupancy, tenure, or enjoyment of the premises herein leased nor shall the Lessee itself, or any person claiming 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, of tenants, lessees, subleases, subtenants, or vendees in the premises herein leased. 17. Assil!nments Lessee shall not assign this lease or sublet the said premises or any part thereof without obtaining the prior written consent of the Lessor. 18. Validitv If anyone or more of the terms, provisions, promises, covenants, or conditions, of this Lease shall, to any extent, be adjudged invalid, unenforceable, void, or voidable for any reason whatsoever by a court of competent jurisdiction, each and all the remaining terms, provisions, promises, covenants, and conditions of this Lease shall not be affected thereby and shall be enforceable to the fullest extent permitted by law. 19. Lease Applicable to Successors, Etc. This Lease and terms, covenants, and conditions hereof apply to and are binding on the successors, executors, administrators, and assigns of the parties hereto. 20. Lease Breached bv Lessee's Receivership, Assil!nment for the Benefit of Creditors, Insolvencv, or Bankruptcv Appointment of a receiver to take possession of Lessee's assets, Lessee's general assignment for benefit of creditors, or Lessee's insolvency or taking or suffering action under the Bankruptcy Act is a breach of this Lease and shall terminate same. 21. Eminent Domain If the whole of the leased premises, or so much thereof as to render the remainder unusable for the purpose for which the same was leased, shall be taken under the power of eminent domain, then this Lease shall terminate as of the date possession shall be so taken. Ifless than the whole of the leased premises shall be taken under the power of eminent domain, and the remainder is usable for the leased purpose, then this 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 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 of damaging of the leased premises in whole or in part shall be paid to the Lessor (together with any other money that shall be or may be made available for such purpose). o o 10 I i I i 22. Indemnification and Hold Harmless Lessee shall indemnify and hold harmless Lessor, its elective and appOintIve boards, commissions, officers, agents, and employees from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Lessee's operations under this Lease, whether such operations be by Lessee or by anyone or more persons directly or indirectly employed by or acting as agent for Lessee. Lessee agrees to and shall defend Lessor and 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 Lease. 23. Amendment This Lease may be amended or modified only by written agreement signed by both parties hereto. Failure on the part of either party to enforce any provision of this Lease shall not be construed as a waiver of the right to compel enforcement of such provision or provisions, nor act to release any party from its obligations under this Lease. 24. Notices All notices given in connection with this Lease shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows: LESSOR City of San Bernardino Parks, Rec., & Comm. Srvcs. Department 547 N. Sierra Way San Bernardino, CA 92410 LESSEE Trautwein Construction, Inc. 19792 EI Rivino Rd. Riverside, CA 92509 25. Time of Essence Time is of the essence herein. 26. Compliance with Laws Lessee shall not violate, nor allow the violation of, any law of the City, State or Federal governments or rules of the City, in conducting its operations under this Lease. 28. Covenants There are no covenants or warranties other that those expressed in this Lease. 29. Entire Aereement This agreement constitutes the entire Agreement between the parties and may be modified only by further written agreement between parties. o o o 30. Attorney's Fees The prevailing party in any legal action to enforce or interpret any provision of this Lease will be entitled to recover from the losing party all attorneys' fees, court costs, and necessary disbursements in connection with that action. The costs, salary, and expenses of the City Attorney and members of his office, in connection with that action shall be considered as attorneys' fees for the purpose of this Lease. IN WITNESS WHEREOF, the parties have executed this Lease on the day and year set forth at the beginning of this Lease. CITY OF SAN BERNARDINO ATTEST: By: Judith Valles, Mayor By: Rachel G. Clark, City Clerk TRAUTWEIN CONSTRUCTION, INC. By: By: Approved as to form and legal content: James F. Penman, City Attorney ./~~ .~- o o o Exhibit "A" LAND LEASE AGREEMENT Trautwein Construction, Inc. THIS AGREEMENT (Land Lease), made and Entered into this day of , 2005, by and between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as " Lessor", and TRAUTWEIN CONSTUCTION, INC., hereinafter referred to as "Lessee". RECITALS This Lease is made and entered into with respect to the following facts: (a) Lessor is the owner of the property herein described. (b) Lessor is willing to lease the property to lessee upon the terms and conditions hereinafter set forth. (c) Lessee desires the use of said land and no hazardous materials will be stored on the property. NOW THEREFORE, the parties hereto agree as follows: 1. Propertv Leased Lessor hereby leases to Lessee, and the Lessee hereby leases from lessor, the property/vacant land located East of Pioneer Memorial Cemetery and North of 7th Street in the City of San Bernardino, County of San Bernardino, State of California, described as follows: Attached hereto and incorporated herein as Exhibit "B" labeled PIONEER CEMETERY MAP- Diagram of cemetery and property/vacant land available for temporary storage. 2. Use The leased premises shall be used for temporary storage of equipment. Lessee will have exclusive use of the property/vacant land not to exceed one (I) year (description as noted above) for such purposes. Lessor reserves the right to enter property as provided in Paragraph 13; INSPECTIONS. Lessee agrees to use the premises for such purposes, and not to use or permit the use of the property for any other purpose unless the Lessor has previously approved such use in writing. Lessee shall not commit, or allow to be committed, any waste or nuisance in the leased premises, nor shall it use or allow the premises to be used for an unlawful purpose. Lessee shall at all times possess all necessary licenses and approvals for the storage of equipment and shall o o o immediately notify Lessor, through its City Clerk, at any time that such licenses or approvals have been revoked or modified. 3. Term The term of this Lease shall be for a period of one (I) year commencing June 1. 2005 and terminating on May 31, 2006, unless terminated at an earlier date as provided in Paragraph 8; TERMINIA TION. 4. Lease Pavments Lessee agrees to pay and Lessor agrees to accept as rental for said premises, for the term hereof, a monthly rental of FIVE HUNDRED DOLLARS ($500.00). The said payments shall be paid on or before the first Monday of each and every month of the term herein. Payments shall be directed to: City of San Bernardino Parks, Recreation, and Community Services Department 547 North Sierra Way San Bernardino, CA 92410 5. Utilities Lessee shall pay for all electricity, gas, water, telephone service, and all other services and utilities, including service installation fee and charges for such utilities during the term of this Lease. If Lessee desires additional utilities and/or utility services to the premises, Lessee must first obtain written consent from Lessor. All additional utility connections for the facility shall be placed underground. 6. Taxes/Possessorv 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 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. Lessee agrees to and shall hold harmless, Lessor from any and all liability for any such taxes due by virtue of tenant's leasehold improvements, equipment, furniture, fixtures, or .other personal property. 7. Insurance While not restricting or limiting the foregoing, during the term of this Land Lease Agreement, Trautwein Construction, Inc. shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000, per occurrence combined single limit, naming the City of San Bernardino, its departments, agencies, boards, commissions, elected officials, officers, attorneys, employees, and agents as additionally insured. A certificate of insurance evidencing such coverage shall be provided to the Mayor or her designee, with the added notation that the insurance policy shall not be terminated or materially altered without 10 days prior written notice to the City. o c o 8. Hold Harmless Trautwein Construction Inc. covenants and agrees to defend, (if requested by City), indemnify, and hold harmless the City, its departments, agencies, boards, commissions, elected officials, officers, attorneys, employees and agents from all liabilities and charges, expenses (including counsel fees), suits, or losses, however occurring, or damages arising or growing out of the use or receipt of the funds paid hereunder and all operations under this Agreement. Payments hereunder are made with the understanding that the City is not involved in the performance of services or other activities of Organization. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "counsel fees" for the purposes of this paragraph. 9. Termination This Lease shall be terminable at the option of either party upon the service of thirty- (30) days advance written notice of such termination to other party. Upon termination of this Lease, Lessee shall surrender the property occupied by this Lease in as good condition as it was at the time of Lessee's entry thereof, subject to the conditions herein set forth. 10. Maintenance and Operation The Lessee is familiar with the leased premises and has knowledge of the present conditions that exist thereon. Lessee shall, at its own expense, maintain the leased premises and all improvements thereon in good order, condition, and repair. (a) No hazardous materials will be stored on the property. (b) Licenses. Lessee shall post in prominent place and manner in the demised premises all business licenses, certificates, a copy of this Lease, and all permits that are required to do Lessee's business in the City of San Bernardino. (c) Vendors. Lessee shall not permit vendors to display wares, materials, or advertisements inside or outside the demised premises unless prior written permission is secured from Lessor and such written permission is posted in a prominent place and manner in the premises. 1 I. Improvements A temporary fence approximately 500-ft. x 500-ft. square will secure the equipment and a light tower will be installed for night security. Access to the area will be through the double wrought iron gates located on 7th Street. These improvements will be at the cost of the Lessee and will be removed at the cost of the Lessee when the lease agreement terminates. Lessee shall not make, or suffer to be made, any alterations to the demised premises, or any part thereof, without the prior written consent of Lessor. Any and all alterations and/or improvements made to the demised premises pursuant to this section shall not exclude use of o facilities after hours or on Sundays nor shall, upon termination of this Lease, remain as part of the premises and at no cost or obligation to the Lessor. 12. Make Alterations, Additions, or Chanl!es Required bv 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 demised premises, the parties agree as follows: (a) If the alterations, additions, or changes are required as a result of Lessee's use of the premise, Lessee will make them and bear all expense. (b) If the alterations, additions, or changes are required as a result of condition or nature of the premises at the time of execution of this Lease, and are not caused by use of the premises by Lessee, Lessor will make them and bear all expenses. All alterations, additions, or changes to the building structure will become a part of the property and ownership of the Lessor after expiration or termination of lease. 13. Default o In the event Lessee is in default in the payment of rentals or other charges hereunder or is otherwise in breach of its covenants or obligations hereunder, and such default exists for a period of thirty days after notice from Lessor to Lessee 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 it, then remaining on said premises. 14. Inspections Lessor, its agents, officers, or employees may enter upon the demised premises at such reasonable times during Lessor's normal business hours, as it deems necessary for the purpose of inspection of the premise to determine whether the terms and conditions of this Lease are being performed and kept by Lessee. 15. Affect of Lessor's Waiver Lessor's waiver of breach of any term, covenant, or condition of this Lease is not a waiver of breach of any other, nor of any subsequent breach of the one waived. 16. Non -Discrimination Lessee hereby covenants by and for itself, its successors, executors, administrators, and assigns, all persons under or through it, and this Lease is made and accepted upon subject to the o following conditions: o That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, disability, sex, national origin, or ancestry, in the leasing, sub-leasing, transferring, use occupancy, tenure, or enjoyment of the premises herein leased nor shall the Lessee itself, or any person claiming 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, of tenants, lessees, subleases, subtenants, or vendees in the premises herein leased. 17. Assilmments Lessee shall not assign this lease or sublet the said premises or any part thereof without obtaining the prior written consent of the Lessor. 18. Validitv If anyone or more of the terms, provisions, promises, covenants, or conditions, of this Lease shall, to any extent, be adjudged invalid, unenforceable, void, or voidable for any reason whatsoever by a court of competent jurisdiction, each and all the remaining terms, provisions, promises, covenants, and conditions of this Lease shall not be affected thereby and shall be enforceable to the fullest extent permitted by law. 19. Lease Applicable to Successors, Etc. C This Lease and terms, covenants, and conditions hereof apply to and are binding on the successors, executors, administrators, and assigns of the parties hereto. 20. Lease Breached bv Lessee's Receivership, Assilmment for the Benefit of Creditors, Insolvencv, or Bankruptcv Appointment of a receiver to take possession of Lessee's assets, Lessee's general assignment for benefit of creditors, or Lessee's insolvency or taking or suffering action under the Bankruptcy Act is a breach of this Lease and shall terminate same. 21. Eminent Domain o If the whole of the leased premises, or so much thereof as to render the remainder unusable for the purpose for which the same was leased, shall be taken under the power of eminent domain, then this Lease shall 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 domain, and the remainder is usable for the leased purpose, then this 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 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 of damaging of the leased premises in whole or in part shall be paid to the Lessor (together with any other money that shall be or may be made available for such purpose). o o o 22. Indemnification and Hold Harmless Lessee shall indemnify and hold harmless Lessor, its elective and appointive boards, commissions, officers, agents, and employees from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Lessee's operations under this Lease, whether such operations be by Lessee or by anyone or more persons directly or indirectly employed by or acting as agent for Lessee. Lessee agrees to and shall defend Lessor and 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 Lease. 23. Amendment This Lease may be amended or modified only by written agreement signed by both parties hereto. Failure on the part of either party to enforce any provision of this Lease shall not be construed as a waiver of the right to compel enforcement of such provision or provisions, nor act to release any party from its obligations under this Lease. 24. Notices All notices given in connection with this Lease shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows: LESSOR City of San Bernardino Parks, Rec., & Comm. STYcs. Department 547 N. Sierra Way San Bernardino, CA 92410 LESSEE Trautwein Construction, Inc. 19792 El Rivino Rd. Riverside, CA 92509 25. Time of Essence Time is of the essence herein. 26. Compliance with Laws Lessee shall not violate, nor allow the violation of, any law of the City, State or Federal governments or rules of the City, in conducting its operations under this Lease. 28. Covenants There are no covenants or warranties other that those expressed in this Lease. 29. Entire Aereement This agreement constitutes the entire Agreement between the parties and may be modified only by further written agreement between parties. o o o 30. Attornev's Fees The prevailing party in any legal action to enforce or interpret any provision of this Lease will be entitled to recover from the losing party all attorneys' fees, court costs, and necessary disbursements in connection with that action. The costs, salary, and expenses of the City Attorney and members of his office, in connection with that action shall be considered as attorneys' fees for the purpose of this Lease. IN WITNESS WHEREOF, the parties have executed this Lease on the day and year set forth at the beginning of this Lease. CITY OF SAN BERNARDINO ATTEST: By: Judith Valles, Mayor By: Rachel G. Clark, City Clerk TRAUTWEIN CONSTRUCTION, INC. By: By: Approved as to form and legal content: James F. Penman, City Attorney ) 'C-