HomeMy WebLinkAbout1983-127
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RESOLUTION NO.
83-127
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH PACIFIC FEDERAL SAVINGS AND LOAN
3 ASSOCIATION RELATING TO A UTILITY PAYMENT CENTER AT 501 NORTH
MT. VERNON AVENUE.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City a Lease
8 with Pacific Federal Savings and Loan Association relating to a
9 utility payment center at 501 North Mt. Vernon Avenue, a copy of
10 which is attached hereto, marked Exhibit "A" and incorporated
11 herein by reference as fully as though set forth at length.
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Common Council of the City of San
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Bernardino at a n adjourned reqular
meeting thereof, held
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on the 9th day of
, 1983, by the following
Hay
16 vote, to wit:
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Council Members
Castaneda, Reilly, Hernandez,
AYES:
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Harks, Quie1, Hobbs, strickler
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NAYS:
None
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ABSENT:
None
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.4b./Mr?/4>>~b
/ City Clerk
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of
, 1983.
The foregoing resolution is
~iay
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Bernardino
Approved as to form:
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City ttorney
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LEA S E
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(Utility Payment Center)
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THIS LEASE is made this
day of
, 1983,
4 by and between PACIFIC FEDERAL SAVINGS AND LOAN ASSOCIATION,
5 referred to as "Lessor", and the CITY OF SAN BERNARDINO, a
6 municipal corporation, referred to as "Lessee".
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The parties agree as follows:
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1. Recitals.
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(a) Lessor is the owner of the Pacific Federal Savings
10 and Loan Association building located at 501 North Nt. Vernon
11 Avenue, San Bernardino, California.
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(b) Lessee desires to lease space in said Pacific
13 Federal building from Lessor for use as a Utility Payment Center.
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2. Leased Property. Lessor leases to Lessee space within
15 the building situated on real property generally described as the
16 Pacific Federal office located at 501 North Mt. Vernon, San
17 Bernardino, California, more particularly, space and utilization
18 of two cashier teller windows; two safety deposit boxes; and
19 cabinet space for storage of printed materials; all as
20 specifically designated in writing by Lessor. Lessee shall be
21 solely responsible for obtaining any necessary governmental
22 permits authorizing the operation of the Utility Payment Center
23 and the full performance by the Lessee of its obligations and
24 covenants set forth in this Lease.
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3. Term. The term of this Lease shall commence April 18,
26 1983, and shall continue on a month-by-month basis until notice of
27 termination is served.
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4. Rental Payment. Lessee shall pay rent of $200.00 per
EXHIBIT A
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month in advance. Lessee shall pay as additional rent any charge,
fee, tax, or other levy (except Lessor's net income tax liability)
imposed against Lessor, or which may constitute a lien or other
encumbrance upon Lessor's property or business, in connection with
this Lease.
5. Purposes. Lessee's Water Department shall use the rented
space solely for the specific purposes herein described and solely
during actual business hours of Lessor and shall keep the interior
areas of said building as occupied by said Lessee in good
condition, normal wear and tear excepted.
6. Structural Maintenance. Barring catastrophic damage to
the building to such an extent as to render it wholly unfit for
occupancy, Lessor agrees to repair and maintain the exterior and
structural portions, including the roof, in watertight and
weatherproof condition, and to repair and be responsible for any
interior damage to the building resulting from exterior and
structural defects. Lessee agrees to maintain and repair the
interior area occupied by Lessee.
7. Utilities, Services and Parking. Lessor shall provide to
Lessee, without cost, utilities and building services, with the
exception of telephone or other communication services, which
Lessor normally provides to the building in connection with its
own use thereof.
8. Damage to Building. Lessor agrees that should the
demised premises be so badly damaged by fire, incidents of war,
earthquake, or other violent action of the elements so as to
render them wholly unfit for occupancy, then this Lease shall be
terminated immediately upon the happening of any such event,
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1 whereupon the Lessee shall surrender the premises. In the event
2 of any lesser damage by any such cause, the premises shall be
3 restored with all reasonable speed by the Lessor, at its expense.
4 9. Termination. Either party may terminate this Lease at
5 any time by giving written notice of termination to the other
6 party at least 30 days prior to the effective date of termination.
7 Any breach by either party of the obligations of such party under
8 this Lease shall entitle the other party to terminate this Lease
9 immediately upon notice to the party in breach. Any such
10 termination shall not affect Lessee's duties to indemnify Lessor
11 for any act or omission which occurs or is alleged to have
12 occurred during the term of the Lease and which is the subject of
13 indemnification as provided in Paragraph 12(b) below.
14 10. Fixtures. All improvements and fixtures placed on the
15 property by Lessee shall be installed and constructed at Lessee's
16 expense in a good and workmanlike manner in accordance with plans
17 and specifications approved in advance by Lessor. At the option
18 of Lessor, such improvements shall be removed by Lessee within 10
19 days after the termination of this Lease, and Lessee shall restore
20 the leased premises to the condition of the leased premises as
21 they existed immediately prior to the installation and
22 construction of improvements by the Lessee. Lessor may remove and
- 23 store at Lessee's expense any fixtures or improvements which are
24 not removed within said 10 day period.
25 11. Building Rules and Regulations. Lessee agrees to
26 conform to and abide by reasonable building rules and regulations
27 established by Lessor. Lessee shall establish its own hours of
28 operation; provided, however, that such hours of operation shall
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1 occur solely during hours which Lessor's branch office is open to
2 the general public for the conduct of its business.
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12. Insurance; Indemnification.
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(a) The Water Department of Lessee shall procure and
5 maintain in force during the life of this agreement, an insurance
6 policy or policies insuring Lessor and Lessee, as well as said
7 Water Department, against public liability and property damage;
8 the liability coverage under such insurance to be not less than
9 $500,000 for anyone person injured and property damaged. The
10 policy of insurance shall specifically name Lessor and Lessee as
11 additional insureds, either by endorsement or by separate policy.
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(b) Lessee hereby indemnifies and holds harmless Lessor
13 from and against all claims, losses, liability, damages, expenses
14 of whatever description (including court costs and attorney's
15 fees) arising out of any injury to persons or property within the
16 building in which the leased premises are located and the land
17 owned by Lessor surrounding said building, and any loss of
18 property suffered by Lessor, as a result of any act or omission of
19 Lessee, its officers, agents, employees, contractors, guests or
20 invi tees.
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13. Notices. All notices to be given by either party to the
22 other shall be given in writing, delivered either personally or by
23 first class united States mail, to the address of the parties as
24 follows:
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"Lessor"
I1Lesseel1
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Pacific Federal Savings
and Loan Association
701 North "E" Street
San Bernardino, CA 92413
Attention: S. Krueger
City Administrator
ci ty Hall
300 North "0" Street
San Bernardino, CA 92418
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~ ' . '.
IN WITNESS WHEREOF, the parties hereto have executed this
Lease on the date hereinabove written.
PACIFIC FEDERAL SAVINGS
AND LOAN ASSOCIATION
By
Ti tle
,
ATTEST:
CITY OF SAN BERNARDINO
By
Mayor
City Clerk
Approved as to form:
C~~~
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