HomeMy WebLinkAbout1983-308
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II RESOLUTION NO. 83-308
I RESOLUTION OF THE CITY OF SAN BERNARDINO RATIFYING THE
/EXECUTION OF A LEASE FOR A POSTAL SUB-STATION AND UTILITY
COLLECTION CENTER.
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II BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
I!SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
Findings.
The Mayor and Common Council on
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iSeptember 6, 1983, authorized the Mayor to execute a lease for a
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Ipostal sub-station and utility collection center with Carpenters
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IILocal No. 944. That lease has now been executed, and a copy is
II attached hereto, marked Exhibit "A", and incorporated herein by
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[I reference as fully as though set forth at length.
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IOf San Bernardino is hereby ratified and confirmed. The City
jClerk is hereby authorized to attest to the execution of such
Ilease.
I I HEREBY CERTIFY that the foregoing resolution was duly
!adopted by the Mayor and Common Council of the City of San
IBernardino at a regular meeting thereof, held
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SECTION 2.
The execution of the lease on behalf of the City
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on the 19th
, 1983, by the following
September
day of
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Council Members
Castaneda, Reilly, Hernandez,
AYES:
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Marks, Quiel, Frazier, Strickler
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NAYS:
None
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ABSENT:
None
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~/!t(d/.f;~1P
,/ CIty C erk
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1 The foregoing resolution is hereby approved this ~o~ day
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2 of
September
, 1983.
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Approved as to form:
I~ e>
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City - torney
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EXHIBIT "A"
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LEA S E
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(Postal Sub-Station and Utility Collection Center)
THIS LE/\SE is made and entered into this _(,rJl day of ~,
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5 1983, by and between the CITY OF SAN BERNARDINO, a municipal corporation, re-
6 ferred to as "Lessee", and C,l\RPENTERS LOCAL NO. 944, referred to as "Lessor".
7 WIT N E SSE T H :
8 WHEREAS, Lessor owns a certain parcel of real property and structures
9 fronting on North Mt. Vernon Avenue in the City of San Bernardino; and
10 WHEREAS, Lessee desires the use of said portion of real property and
11 structure for the purpose of a utility collection center and a U.S. Post Office
12 Sub-Station.
13 NOW, THEREFORE, in consideration of the rental hereafter reserved
14 and agreed to be paid to Lessor by Lessee and the mutual promises, obligations,
15 agreements and covenants set forth and the faithful performance thereof, the
16 parties mutually agree as follows:
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1. PROPERTY LEASED. Lessor hereby leases and lets to the Lessee,
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and the Lessee hires and leases from the Lessor a portion of those certain
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premises located at 2050 No. Mt. Vernon Avenue, in the City of San Bernardino,
County of San Bernardino, State of California, more particularly described as
fo 11 ows:
Two rooms along the Easterly wall of the building con-
taining approximately 288 square feet in a portion of
the St. Elmo Addition as per plat recorded in Book 4 of
Maps, Page 15, records of the County Recorder of San
Bernardino County, State of California, said premises
also known as 2050 North Mt. Vernon Avenue.
2. TERM. The term of this lease shall be for a period of one year
beginning September 1, 1983, and ending August 31, 1984.
3. RENTAL PAYMENTS. Lessee agrees to pay and Lessor agrees to
1 accept as rental for the said premises, during the term hereof, a monthly rent-
2 al of TWO HUNDRED and FIFTY DOLLARS ($250.00). The said rental payments shall,
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'; through the Director of Finance, be paid on or before the first ~~onday of each
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'i month and be made payable to the Lessor at the address herei nafter set forth
ii throughout the term of thi s 1 ease.
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II 4. USE. The leased premises will be used for the operation of a
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:i Utility Collection Center and for the operation of a U.S. Post Office Sub-
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l Station.
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Ii 5. MAINTENANCE. Lessee and Lessor are famil i a r with the 1 eased
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II premises and have knowledge of the physical conditions that exist therein, and
I mutually agree to the current physical condition of the leased premises.
(a) Lessee shall, at its own expense, maintain the interior portion
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13 of the leased premises and all of Lessee's fixtures and improvements therein
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(b) Lessee shall, at its own expense, provide custodial services to
16 the leased premises.
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(c) Lessor shall, at its own expense, maintain the roof and exterior
portion of all the exterior walls in good order, condition and repair, and pro-
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vide for the maintenance and repair of the common walls between the leased
premises and the adjoining units, subject to paragraph 5(a) above.
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(d) Lessor shall, at its own expense, maintain in good working order
all air conditioning and heating facilities pertinent to the leased premises.
(e) Lessor agrees that, if such maintenance is not provided, Lessee
may procure and complete same, and that such maintenance cost shall be a deduc-
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tion from the following month or months rental payment.
6. UTILITIES, SERVICES AND PARKING. Lessor shall provide to Lessee,
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without cost, utilities and building services, with the exception of telephone
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or other communication services, which Lessor normally provides to the building
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1 in connection with its own use thereof.
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7. IMPROVEMENTS. Lessee may, at its option, make necessary improve-
3 ments for the purpose of furthering the benefit use of the Lessee. Such
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improvements may be, but are not limited to the following:
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installt
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(a)
Security and panic hardware will be installed on all exit and
entrance doors, and security will be increased at the windows.
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(b)
Teller/Cashier cages and secured area for a vault will be
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ed on a portion of the leased premises.
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(c)
A sign will be posted in a dignified and appropriate manner on
the facade of the building advertising the use of the premises.
(d) A flagpole will be erected in front of the leased premises. It
12 is mutually understood and agreed that any and all improvements made to the
13 premises for the purpose of furthering the benefit use of the Lessee shall
14 remain the property of the Lessee and all of the aforesaid improvements shall
15 be removed at Lessee's expense upon termination of this lease. If any of the
16 aforesaid improvements remain on the premises after sixty (60) days after the
17 termination of this lease, the Lessee forfeits any rights to said improvements
18 and Lessor shall have the right to take possession of and appropriate to itself
19 without payment therefor, any property of Lessee or anyone claiming under him,
20 then remaining on said premises.
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8. 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 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 premises, Lessee will make them and bear all
expense connected therewith.
(b) If the alterations, additions, or changes are required as a
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result of the condition or nature of the premises at the time of execution of
this lease, not caused by use of the premises by Lessee, and relate to a por-
tion of the premises which Lessor has agreed to maintain and repair, Lessor
will make them and bear all expense connected therewith.
9. BUILDING RULES AND REGULATIONS. Lessee agrees to conform to and
abide by reasonable building rules and regulations established by Lessor.
Lessee shall establish its own hours of operation; provided, however, that
such hours of operation shall occur solely during hours which Lessor's own
office is open to the general public for the conduct of its business.
10. TAXES. Lessor covenants during the term of this lease to pay,
when due, all taxes and assessments that may be assessed or imposed upon the
leased premises.
11. FIRE INSURANCE. Lessor will, at its own expense, maintain ade-
quate fire insurance for the leased premises for the term of this lease.
12. TERMINATION. Either party shall have the right to terminate this
lease without further liability upon the service of thirty (30) days advance
written notice of such termination to the other party. Upon termination of
this lease, Lessee shall surrender the property occupied by this lease in as
good condition as same was at the time of Lessee's entry thereof, subject to
the conditions hereinabove set forth.
13. EMINENT DOMAIN. In the event that all of the demised premises
are taken or condemned for any public or quasi-public use, this lease shall
terminate as of the date of said taking. The award for such taking of said
premises shall belong to Lessor. Lessee shall, however, be permitted to make
claim to the condemning authorities for the value of any improvements erected
by it on the premises and for the value of any fixtures installed by it therein
14. AMENDMENT. This lease may be amended or modified only by written
agreement signed by both parties hereto.
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15. ASSIGNMENT. Lessee shall not assign this lease or sublet the
said premises or any part thereof without obtaining the prior written consent
of the Lessor.
16.
LEASE APPLICABLE TO SUCCESSORS, ETC.
This lease and the terms,
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provlslons, promlses'l
covenants, and conditions hereof apply to and are binding on the heirs,
successors, executors, administrators, and assigns of the parties hereto.
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VALIDITY.
If anyone or more of the terms,
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 com-
petent jurisdiction, each and all of the remaining terms, provisions, promises,
covenants, and conditions of this lease shall not be affected thereby and
shall be valid and enforceable to the fullest extent permitted by law.
18. HOLD HARMLESS. Lessor hereby agrees to, and shall, hold Lessee,
14 its elective and appointive boards, commissions, officers, agents, and
15 employees harmless from any liability for damage or claims for damage for
16 personal injury, including death, as well as from claims for property damage
17 which may arise from Lessor's operations under this lease, whether such
18 operations be by Lessor or by anyone or more persons directly or indirectly
19 employed by or acting as agent for Lessor. Lessor agrees to and shall defend
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Lessee 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 the aforesaid operations.
19. NOTICES. All notices herein required shall be in writing and
delivered in person or sent by certified mail, postage prepaid, addressed as
follows:
"Lessee"
"Lessor"
City of San Bernardino
300 North "0" Street
San Bernardino, CA. 92418
Attn: Real Property Section
Public Works Department
Carpenters Local 944
2050 No. Mt. Vernon Avenue
San Bernardino, CA. 92411
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20. RECORDATION. Lessee will have this lease recorded in the office
2 of the County Recorder, San Bernardino County, State of California, together
3 with the appropriate Resolution of the Governing Body of Lessee.
4 21. TIME OF ESSENCE. Time is of the essence herein.
5 IN WITNESS WHEREOF, the parties hereto have caused this lease to be
6 executed and attested by their proper officers thereunto duly authorized, and
7 their official seals to be affixed, as of the day and year first above written.
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ATTEST:
"LESSEE"
~/II1/~Ab
City Cl erk
CITY OF SAN BERNARDINO
"LESSOR"
CARPENTERS LOCAL, NO. 944
Approved as to form:
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