HomeMy WebLinkAbout1988-288
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RESOLUTION NO.
88-288
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A LEASE BETWEEN THE CITY OF SAN
BERNARDINO AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO RELATING TO THE PUBLIC ENTERPRISE CENTER - WESTS IDE
DROP-IN CENTER.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute for and on behalf of
said City a Lease between the City of San Bernardino and the
Redevelopment Agency of the City of San Bernardino relating to
the Public Enterprise Center - Westside Drop-In Center, a copy
of which is attached hereto as Exhi bi t "1", and incorporated
herein by reference as fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
reqular
meeting thereof, held on
the 1st
Auqust
, 1988, by the following
day of
vote, to wit:
AYES:
Council Members Estrada. Reillv. Flores.
Malldslev Minor. Poce-Ludlam. Miller
NAYS:
None
ABSENT:
None
,.d~%~ti't2/~4rh
/' City Clerk
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2 The foregoing resolution is hereby approved this :<J/{ day
3 of Auqust , 1988.
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6 Approved as to form
7 an legal content:
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LEA S E
CITY OF SAN BERNARDINO
("PUBLIC ENTERPRISE CENTER" - WESTS IDE DROP-IN CENTER)
THIS LEASE, effective as of August 1, 1988, by and between
the Redevelopment Agency of the City of San Bernardino, a public
body, corporate and politic of the State of California
(hereinafter called "Lessor"), and the City of San Bernardino, a
municipal corporation (hereinafter called "Lessee").
WITNESSETH:
WHEREAS, Lessor owns the real property located at 1505 West
Highland Avenue, San Bernardino, California, where the premises
are located; and
WHEREAS, heretofore the Lessor has received an Order from
the Bankruptcy Court to take possession of the premises from
Operation Second Chance, Inc., the previous Lessor of the
premises pursuant to the certain lease dated February 15, 1982,
between Operation Second Chance, Lessor, and the City of San
Bernardino, Lessee.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Lessor does hereby demise and let unto Lessee the
following described premises, to wit: a portion of the building
located at 1505 West Highland Avenue, San Bernardino, California,
which portion of said building is described as follows: an area
of approximately 1,089 square feet on the main floor, the
location of which is shown on Exhibit "A" attached hereto and
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incorporated herein.
TO HAVE AND TO HOLD THE SAME, with the appurtenances
thereunto belonging unto the Lessee for and during the term of
three years, beginning on the 1st day of August, 1988, and ending
on the last day of July, 1991, at a rental schedule as more
particularly set forth in Exhibit "B" attached hereto and
incorporated herein by reference.
Upon the expiration of this Lease, Lessee has an option to
renew for two successive three-year terms subject to the parties
using their best efforts to negotiate a mutually agreeable rental
rate.
Either party, with or without cause, may terminate this
lease by providing written notice to the other party at least
sixty (60) days prior to such termination date.
2. Lessee herein covenants by and for itself and its
assigns, and all persons claiming under or through it, and this
Lease is made and accepted upon and subj ect to the following
conditions:
That there shall be no discrimination against or
segregation of any person or group of persons, on account of
race, color, creed, religion, sex, marital status, national
origin, ancestry or physical handicap, in the leasing,
subleasing, 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
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reference to the selection, location, use or occupancy, of
tenants, lessees, sublessees, subtenants, or vendors in the
premises herein leased.
3. Lessee does hereby covenant and agree with said Lessor
to:
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(a) Pay said rent at the time and place and in
the manner aforesaid;
(b) Use and occupy said premises for offices and
Community Services 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 of the City of
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San Bernardino, its officers, agents and employees
as additional insureds. Such policy of insurance
shall be kept in full force and effect during the
entire term of the assignment or sublease;
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;
Make no alterations or additions in or to said
premises without the written consent of said
Lessor, which consent shall not unreasonably
be withheld;
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)
Permit the Lessor to enter upon said premises
at all reasonable times to examine the condition
of the same;
Indemnify and save harmless the Lessor from
and against any loss, damage and liability
occasioned by, growing out of, or arising or
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(k)
(1)
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(n)
resulting from any default hereunder, or tortious
or negligent act on the parts of Lessee, its
agents or employees;
Not to inscribe, paint, affix, or display any
sign, advertisement or notice on any doors,
windows or walls 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;
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;
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;
Maintain and replace the plastic protector
floor mats under all chairs that move on
rollers as initially provided by Lessor, in
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(p)
(q)
order to minimize wear and tear and damages to
the property;
Keep the inside of the premises in good order
and repair, during the term, and upon failure
to do so, 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, 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;
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;
Keep, save and hold harmless the Lessor from any
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and all damages and liability for anything and
everybody 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 Lessee
that it will:
(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 Exhibit "e" 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
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part of the rent herein reserved (whether paid
in advance or otherwise), shall be abated and
suspended according to the extent of such
untenantability, 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 hereby
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 have the option of terminating this lease
by written notice to the other.
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
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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;
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 removal or extension
thereof; provided, however, the Lessee shall at
its own expense repair any injury to the premises
resulting from such removal;
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;
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
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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, possess 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 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 the Lessee any deficiency between
the amount so obtained and the rent herein reserved;
This Lease and all covenants, provisions and
conditions herein contained shall inure to the
benefit of and be binding upon the successors and
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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 any right, title or interest
whatever.
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:
City
Agency
City Administrator
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
Executive Director
Redevelopment Agency of the
City of San Bernardino
300 North "0" Street"
San Bernardino, CA 92418
Copy to:
Director, Parks, Recreation
& Community Services Dept.
City of San Bernardino
547 North Sierra Way
San Bernardino, CA 92410
Nothing in this paragraph shall be construed to prevent the
giving of notice by personal service.
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IN WITNESS WHEREOF, the parties hereto have executed this
Lease effective as of the date first hereinabove written.
Approved as to form
and legal content:
By
ATTEST:
J~"?//m/Ll4/?p-
City Clerk
Approved as to form
a legal content:
.L
y Attorney
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REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
::e'l" .~ 7l J
4irman ~
BERNARDINO
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EXIIBIT "A"
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EXHIBIT "B"
RENTAL SCHEDULE
1st year - $0.71 per square foot per month
2nd year - $0.74 per square foot per month
3rd year - $0.77 per square foot per month
Area to be occupied: 1,089 square feet
Monthly Rent:
1st year - $773.19
2nd year - $805.86
3rd year - $838.53
Annual Rent:
1st year - $9,278.28
2nd year - $9,670.32
3rd year -$10,062.36
Commencing on the 1st day of August 1988, and ending on the last
day of July 1991.
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.
All said rent shall be paid at the office of the Lessor in San
Bernardino, California.
B-1
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EXHIBIT C
Janitorial and Maintenance Specification.
Daily R.rvit!.
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. Empty and cl.an ..htray., wa.teb..ket. aDd otber tr..b
receptacle..
. Remove aDd depo.it all tra.b into d..ignated ~ickup
container..
. Du.t all desk., cbain, tables, fUing cabinet. and all
otber office furniture.
. Du.t-mop all tUe aDd linoleum floon plus .tain aDd
loung...
Vacuum trail. in carpet..
Spot clean glass and door. at entrance.
Clean and .anitize drinking fountain..
Clean wasbroom fisture. aDd sanitize.
Refill washroom dispensers.
..Wet-mop washroom floors witb detergent and sanitize.
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Wasb splash marks from walls around sinks and mirrors.
Keep deodorant blocks in urinals at all times.
Sweep porcb, steps and sidewalk around.buildings.
Weekly SAivit!.
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Wasb all desks and table tops tbat are clear of material.
Wasb all glass doors and aluminum castings on doors.
Damp mop all tile and linoleum floors and buff.
Vacuum entire carpet.
Dust all window sills.
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Spot clean doors, walls and woodwork.
P~riodit!al1v
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Strip mop, was and buff all tUe and linoleum floors when
needed.
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Sbampoo entire carpet areas wben needed.
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EXHIBIT D
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M.iftteft.n~. of LandBeaD.
Mow all 1aWD area. once per week.
Weeding all planter. when needed.
Spraying and fertilizing all laWD area. every 60 days.
Spraying of bugs on shrub. when needed.
Wa.b all walk. and patio once per week.
General cleanup on entire landscape area. once per week.
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EXHIBIT "E"
.PUBLIC E1I'1'ERPRISE C&n;&&a-
eaerational .ute. and R.aul.~ion.
1. Hour. of ODeration
A. The .Publ1c Enterpri.e C.nter- wUl be open for budn...
according to the following .chedul.:
MOnday thru Friday - 7 A.M. to t P.M. 1... City
Hol1day..
Saturday - 1 - 5 P.M.
Clo..d Sunday.
Acce.. other than th... hours lDU.t be obtain.d in writing
from S.curity Management.
B.
2. S.~uritv Manaaement
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Complaint. of any kind wUl be handl.d by the S.curity
Management.
S.curity Management will be the only per.on. having key. to
th. outside doors of th. buUding and th. Multl-Purpo.e
..eting room and Conferenc. room
Security Management will be r.spon.ible for .ch.duling
activiti.. in the Multi~Purpo.e meeting room and Conferenc.
roolll.
D. S.curity Management wUl enforce all BuUding Rule. aDd
R.gu lati on. .
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3. Conf.reft~. Room 8ftd MUlti-PurDosA M.etina ROQM
A. All L...... may u.. the Conf.r.nc. room and Multl-Purpo..
me.ting room. S.curity Managem.nt has the r..pondbil1ty
of .ch.duling activiti..; th.r.fore, r..ervations for .aid
u.. by L...... lDU.t b. mad. through the S.curity Guard.
B. R..ervation. for u.. of the Confer.nce room or
Multi-Purpo.e meeting room lDU.t stat. the date, time
b.giMing and .nding of the activity, .pecific activity,
and p.rson responsible for re.ervation before permi.sion
will b. grant.d for .aid u.e.
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Co' ....n.tion. for' u.. of th. COnf.r.nc. roo. or
MUlti-Purpo.. meetin; room will not be ;ranted by S.curity
Mana;_nt for actlYlti.. con.id.red outside of th.
function.l op.ration of th. Le...... busin... .uch .. _
Polltlc.l ...tin;., Partl.., Weddin;., a.C.PtIOD.~
Community M..tln;., etc., without th. wrltt.n authori.atlon
of th. L...or.
D. P.rson r..ponsibl. for. r...nation of COnf.r.nc. or
Multl-Purpo.. ...tln; roo.. i. .1.0 r..pon.ibl. to ... that
th. roo.. .r. cl.an.d-up to norm.l w..r illllll8dtat.ly after
u...
4. General CD.rational Rul..
A. Tb.r. w111 be no UDn.c....ry loud noise throu;hout the
buUdin; .
B. ADy.Dd all offic. furnitur., fiztur.., maChinery aDd
.quipment tak.n from th. bulldln; mu.t be checked out with
th. Security Mana;ement.
C. Tber. win be no .ovln; of office furnltur. and fiztur..
from offlc. to offlc. without th. approval of th. Security
Man.;.mant.
D. 80 LoU.rln; in the Lobby, aDd S.curlty wUl b. responsibl.
for .nforcln; thl. rul..
The.. . aule. and a.;ulation. are .ubj.ct to chan;. If condition.
warrant for r.asonabl. conduct of th. Op.ration and Control of the
.Public Enterprl.e Cent.r..
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