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CITY ...."F SAN BERNARDINC. . REl. JEST FOR COUNCIL .ACTION
From: Wayne Overstreet, Dir~~s_. },';'-
:: ,- Subject: EXECUTION OF AN AGREEMENT WITH
CENTRAL CITY COMPANY FOR THE
LEASE OF BUILDING SPACE FOR A
SECURITY OFFICE.
Dept: Facilities Management
Date: August 7, 1990
Synopsis of Previous Council action:
06/10/68 -- Lease agreement executed between the City of San Bernardino
and the Redevelopment Agency.
Recommended motion:
Adopt Resolution
Contact person: Wayne Overstreet
Phone: 384-5244
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
75-0262
Aaenda Item Nfl
~Jf
CITY
F SAN BERNARDINe . RE( 'JEST FOR COUNCIL .CTION
STAFF REPORT
In January of 1990 the MaU's Merchant Associationpetitionedthe City of
San Bernardino for assistance for a special security program for the
handling of gang problems that were occurring at Central City Mall.
Central City MaIl, the merchants, and the American Multi-Cinema, Inc.
(AMC), agreed to finance additional cost for this program, which was
having an adverse effect on retail and merchandise sales for the Central
City Mall.
In order to induce and recruit qualified off duty law enforcement officers
to perform this security duty, Central City Company agreed to provide
approximately 640 square feet of office space to construct a security
office for only $1.00 per year and the Merchants Association agreed to
pay for other incidental cost, such as, materials, etc. for the
construction of a security office and employees locker and lounge area,
as an incentive to aid in the recruitment and retention of required
qualified employees. This area has been completed at little or no cost to
the City and is scheduled for grand opening on August 16, 1990 at
approximately 11:00 a.m.
Since this would be a major asset for the City of San Bernardino, to
provide a highly desired and needed facility for a major security
program, at a cost of only $1.00 per year, it is recommended that the
attached resolution and lease agreement be approved for such space.
75.0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF AN AGREEMENT WITH CENTRAL CITY COMPANY
FOR THE LEASE OF BUILDING SPACE FOR A SECURITY OFFICE.
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 on behalf of said City an agreement
with Central City Company, to lease building space for a security office,
a copy of which is attached hereto marked Exhibit "A" and incorporated
herein by reference as though fully set forth at length.
SECTION 2.
This resolution is rescinded if the parties to the
agreement fail to execute it within sixty (60) days of the passage of this
resolution.
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
,1990, by
the following vote. to wit:
COUNCIL MEMBERS AYES
ESTRADA
-
REILLY
-
FLORES
-
MAUDSLEY
-
MINOR
-
POPE-LUDLAM
-
MILLER
-
NAYS
ABSTAIN
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EXECUTION OF AN AGREEMENT WITH CENTRAL CITY COMPANY FOR THE
LEASE OF BUILDING SPACE FOR A SECURITY OFFICE.
City Clerk
The foregoing resolution is hereby approved this
day of ,1990.
W.R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
B~)
26 08/07/90
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LEASE AGREEMENT
3
(Security Office)
4
The LEASE AGREEMENT is made and entered into this day of
5
, 1990, by and between Central City Company and the
6 CITY OF SAN BERNARDINO, a municipal corporation, hereinafter
7 referred to as "CITY".
8 The parties agree as follows:
9
1.
RECITALS:
10 This Agreement is made with reference to the following
11 facts and objectives:
12
a.
Central City Company is the owner of a building
13 located at the northwest corner of the lower level of the
14 Central City Mall. The City of San Bernardino desires to occupy
15 a portion of the premises adjacent to the theaters which consist
16 of three (3) rooms that have approximately six hundred and forty
17 (640) square feet, to used as a site for the placement of a
18 security office (hereinafter known as "OFFICE") by the Facilities
19 Management Department of the City of San Bernardino.
20
21
b.
CITY desires to occupy the premises from Central
City Company pursuant to the provisions set forth herein.
CITY
22 has examined the premises and is fully informed as to its
24
23 conditions.
25
2.
PROPERTY LEASED:
26 occupy the real property described above and marked as "the
Central City Company grants to the City the right to
27 Premises" on Exhibit "A" attached hereto and made a part hereof,
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DAB/ses/city.agr
August 9, 1990
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2 together with the appurtenant rights referred to herein.
3
3.
APPURTENANT RIGHTS:
4
The appurtenant rights referred to in this Agreement
5 are as follows: a. City shall have full and unimpaired access.
6
b.
Central City Company gives to City and its authorized
7 representatives and invitees the non-exclusive right to use
8 common areas including parking areas.
9
4.
PLACEMENT:
10 It is understood by and between the parties that the
11 location of the premises shall be in accordance with the diagram
12 attached hereto as Exhibit "A" and incorporated herein by
13 reference, Central City Company hereby grants to City or such
14 person or entity as City designates, unimpaired access to the
15 premises for the purpose of a security office located at 160
16 Central City Mall.
17
5.
TERM:
This lease Agreement shall commence upon execution of
19 the agreement by the two parties and shall expire one year
20 thereafter, but may be earlier terminated upon a 30 day written
21 notice of either party. Said lease may be renewed for additional
22 one year terms by City upon written notice to Central City
24
23 Company given prior to the expiration of anyone year term.
6.
RENT:
25 City shall pay the sum total of one dollar ($1.00) per
26 year as rental for the Term of this Agreement, which shall be
27 payable at the beginning of each Term.
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DAB/ses/city.agr
August 9, 1990
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7.
USE OF PREMISES:
3 City shall use the premises for a Security Service
4 Office of the City of San Bernardino and any other lawful public
5 purpose with the prior written approval of Central City Company.
6 Such approval shall not be unreasonably withheld.
7
8.
FIXTURES, ALTERATIONS AND DUTY TO MAINTAIN:
8
City shall have the right to install such fixtures as
9 are necessary for the proposed use of the premises, and such
10 fixtures shall not become a part of the real property; provided,
11 however, that installation of any fixture shall be subject to the
12 prior approval of Central City Company, which approval shall not
13
be unreasonably withheld.
Ci ty may also make such repairs and
14 improvements as are required to fit the premises for the proposed
15
use.
City shall maintain all portions of the premises in good
16 condition and shall be liable for any damage above ordinary wear
17 and tear to the premises resulting from the act or omissions of
19
18 the City or its authorized representatives, but not from other
persons.
City agrees that it shall restore the premises to its
20 original condition at the termination of this Agreement;
22
21 including removal of any installed specialized equipment.
23
9.
UTILITIES:
24 services furnished to it or used by it incl uding, without
City shall make arrangements and pay for all utility
25 limitation, gas, electricity, water, telephone service and trash
26 collection and for all connection charges.
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DAB/ses/city.agr
August 9, 1990
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10. HOLD HARMLESS:
3 City shall hold Central City Company harmless from all
4 damages arising out of any injury to any person or property
5 occurring in, on, or about the premises, except Central City
6 Company shall be liable to City for damage resulting from the
7 acts or omissions of Central City Company, or its authorized
8 representatives, and Central City Company shall hold City
9
harmless from all damages arising out of any such damage.
City
10 shall meet all zoning and building code requirements for the
11 placement and use of the mobile unit on the premises, and shall
12 hold Central City Company harmless from any failure on the City's
13 part to meet those requirements.
14
11. SIGNS:
15
City may erect or display, on the leased premises, any
16 sign or advertising matter depicting the public use of the
18 prior approval of Central City Company which approval shall not
17 premises; provided, however, that all signs are subject to the
19 be unreasonably withheld.
20
12. AMENDMENT:
21 This Agreement may be amended or modified only by
22 written agreement signed by both parties and failure on the part
23 of either party to enforce any provision of this Agreement shall
24 not be construed as a waiver of the right to compel enforcement
25 of such provisions, nor act to release any surety from its
26 obligations under this Agreement.
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DAB/ses/city.agr
August 9, 1990
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12. NOTICES:
3
All notices herein required shall be in writing and
4 delivered in person or sent by Certified Mail, postage prepaid,
5 return receipt requested, addressed as follows:
6
LANDLORD
CITY
7
Central City Company
295 Central City Mall
San Bernardino, CA 92401
San Bernardino Police Dept.
Attn: Director of Facilities
Management
300 N. "0" Street
San Bernardino, CA 92418
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14. ATTORNEY'S FEES:
11 If either party to this Agreement brings any action or
12 files any proceeding against the other party arising out of this
13 Agreement or for the declaration or interpretation of any rights
14 hereunder, the prevailing party therein shall be entitled to
15 recover from the other party all costs and expenses, including
16 reasonable attorney's fees incurred by the prevailing party as
17 determined by the court.
18
IN WITNESS WHEREOF, the parties hereto have subscribed
19 their names, the day and year first hereinabove written.
20
ATTEST:
CITY OF SAN BERNARDINO
21
By:
By:
22 Approved as to form
and legal content:
JAMES F. PENMAN,
~~
By. /
CENTRAL CITY COMPANY
By:
Salvatore F. Catalano,
Manager Central City
Company
DAB/ses/city.agr
August 9, 1990
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CENTRAL CITY COMPANY
205 CENTRAL CITY MALL. SAN 8ERNARDINO, (,~ 02401 . TELEPHONE (714) B8.-0100
July 11, 1990
Mr. Wayne Overstreet
Director of Facilities Management
300 North "D" street
San Bernardino, CA 92418
RE: New Mall Security Office
Dear Wayne:
Per our discussions, I think it would be good if we drafted an
agreement for the City's use of the new Mall Security Office located
at 160 Central City Mall. I am assuming that you would wish to have
the City Attorney draft such an agreement on a standard form that is
acceptable to the City. Therefore, I will only enumerate the main
deal points for the agreement.
1) The agreement should be cancelable by either party upon 30 days
written notice.
2) The term of the agreement may be for whatever length you deem
necessary subject to the 30 day cancellation provision.
3) The City should indemnify Central City Company from any liability
regarding the use of the premises.
4) Rent for the premises shall be $1.00 per year.
5) The use of the premises shall be solely as a Security Office for
the conduct of Mall security operations.
6) Utilities: City shall pay for all utilities serving premises,
including electricity. ~t may be advisable for you to consider
connecting the electrical system for the Security Office directly
to the City's power supply rather than be billed monthly for
electrical use.
7) Premises and air conditioning unit servicing premises shall be
maintained by City.
If you have any questions regarding the above,
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please con~\qt~~Z~
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Yours truly,
Salvatore F. Catalano, CSM
General Manager
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