HomeMy WebLinkAbout1986-152
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RESOLUTION NO. 86-152
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
~XECUTION AND RATIFICATION OF A LEASE WITH S K MANAGEMENT COMPANY
3 RELATING TO THE LEASE OF PREMISES LOCATED AT 123 NORTH MT. VIEW
AVENUE FOR A SENIOR CITIZRN NUTRITION SITE.
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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 effective September I, 1985, with S K Management Company relating
9 to the lease of premises located at 123 North Mt. View Avenue for
10 a Senior Citizen Nutrition Site, a copy of which is attached
11 hereto, marked Exhibit "A" and incorporated herein by reference as
12 though fully set forth at length.
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the ~1ayor and Common Council of the City of San
15 Bernardino at a ____.0l?IjL________ meeting thereof, hel,4 on
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21st day of ___hl?Ilcl_________, 1986, by the following vote,
17 to wit:
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Council Members
AYES:
Estrada-4.- _Reillv. Hernandcz_'-__.._____
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Marks, Quie1, F:r;:az iQl:~_R-tJ;:lck1e);:_________ ________
NAYS:
None
ABSENT: _~_llCJI2Q___._______ _.____________________~ __________
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City Clerk
The foregoing resolution is hereby approved this day
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{ __ _ - lv' .' _ ~f -c ('~~_ / ________
Mir-yor or'--;the City of San Bernardino
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of _~prg______, 1986.
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Approved as to form:
City Attorney
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.L!Ll1,~&
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THIS LEASE is made and entered into this
day of
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_______~__~___, 1986, by and between the CITY OF SAN
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BERNARDINO, a municipal corporation, referred to as "Lessee", and
6 S K MANAGEMENT COMPANY, referred to as "Lessor".
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WHEREAS, Lessor owns a certain parcel of real property and
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10 structures fronting on Mt. view Avenue in the City of San
Bernardino; and
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WHEREAS, Lessee desires the use of said portion of real
13 property and structure for the purpose of a Senior Citizen
nutrition site.
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NOW, THEREFORE, in consideration of the rental hereafter
reserved and agreed to be paid to Lessor by Lessee and the mutual
17 promises, obligations, agreements and covenants set forth and the
18 faithful performance thereof, the parties mutually agree as
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follows:
1. FEQPERTY LEASED. Lessor hereby leases and lets to the
Lessee, and the Lessee hires and leases from the Lessor premises
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located at 123 North Mt. View Avenue, San Bernardino, California.
2. TERM. The term of this lease shall be for a period of
three (3) years beginning September 1, 1985, and ending August
31, 1988.
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3. E];:NThL__1'8XID!NTS. Lessee ag rees to pay and Lessor ag rees
to accept as rental for the said premises, during the term
hereof, a monthly rental of FOUR HUNDRED DOLLARS ($400.00) per
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month. The said rental payments shall, through the Director of
Finance, be paid on or before the 10th day of each month and be
made payable to the Lessor at the address hereinafter set forth
throughout the term of this lease.
4. ~~. The leased premises will be used for the operation
of a Senior Citizen nutrition site.
5. !:!E\H!'I'~NlHj'g;;. Lessee and Lessor are familiar with the
leased premises and have knowledge of the physical conditions
that exist therein, and mutually agree to the current physical
condition of the leased premises, subject to Paragraph 8 hereof.
(a) Lessee shall, at its own expense, maintain the interior
portion of the leased premises and all of Lessor's fixtures and
improvements therein in good order, condition, and repair.
(b) Lessee shall, at its own expense, provide custodial
services for the leased premises.
(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 provide for the maintenance and repair
of the common walls between the leased premises and the adjoining
units, subject to paragraph 5(a) above.
(d) Lessor shall, at its own expense, maintain in working
order all air conditioning and heating facilities pertinent to
the leased premises. Lessor agrees that, if such maintenance is
not provided within five (5) working days after written
notification by Lessee to Lessor, Lessee may procure and complete
same, and that such maintenance cost shall be a deduction from
the following month or months rental payment.
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6. UTIL1~IES. Lessee shall pay for all utilities furnished I
the premises during the term of this lease, including
electricity, gas, water, rubbish removal and telephone service.
7. C~S~Q~181_S~EY1C~. Lessee shall, at its expense,
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provide all custodial services for the leased premises.
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8. IM~RQY~MEN~. The following improvements shall be made
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to the premises:
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I"ESSQILSHALL:
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(a) Replace broken cast iron drain pipe from roof at
10 northwest corner of building.
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(b) Modify electrical conduit on floor behind serving
12 center which represents a serious trip hazard. Conduit will be
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modified with flush-type fitting or serving counter should be
relocated to cover outlet.
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(c) Install set-back (programable) thermostats for energy
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conservation.
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(d) Repair holes in walls (building and health codes).
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(e) Replace floor covering in kitchen (food preparation)
19 area with seamless type in accordance with health code.
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(f) Replace missing ceiling segments (building and health
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(g) Replace hot water heater with 50 gallon quick-recovery
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(h) Acquire and install electrical circuit for freezer
25 (120V, 15 amp branch, ~~~II~Q) in the dining room adjacent to
26 the ladies room (west wall).
27 LESS~~_SH8LL:
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(a) Relocate dishwasher to west wall in place of three-well
sink (coordinate with Lessor).
(b) Move icemaker from porch area to east wall in place of
dishwasher next to refrigerator.
(c) Move freezer from present location in office to dining
room next to ladies restroom (coordinate). Utilize available
space on east wall for additional stainless steel work table with
shelves.
(d) Remove and dispose of existing four-well sink and
replace with three-well sink presently on west wall (coordinate
with Lessor).
It is mutually understood and agreed that any and all
improvements made to the premises for the purpose of furthering
the use thereof by Lessee shall remain the property of the Lessee
and all of the aforesaid improvements shall be removed at
Lessee's expense upon termination of this lease. If any of the
aforesaid improvements remain on the premises sixty (60) days
after the termination of this lease, the Lessee forfeits any
rights to said improvements and Lessor shall have the right to
take possession of and appropriate to itself without payment
therefor, any property of Lessee or anyone claiming under him,
then remaining on said premises.
9. DUT.L'J:'Q_ Mb.KE_b.l.'l'EMl'lQNS.L_IHmU1QNS_Q!LClJbN!:>!':.,;U~~B.Ej)
~Y_1AW. If, during the term of this lease, any law, regulation,
or rule requires that an alteration, addition, or other change be
made to the premises other than those specific improvements to be
made by the parties pursuant to this lease, the parties agree as
follows:
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(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 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 portion of the premises which
Lessor has agreed to maintain and repair, Lessor will make them
and bear all expense connected therewith.
10 . ~UI LDI N~LEllI,.J;:.~L8NlLB~.GJ.!I,ATIONS. Lessee ag rees 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.
11. !8~. 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.
12. LESSQB~p_~S~B8N~. Lessor shall, at its own expense:
(a) Maintain adequate fire insurance for the leased
premises for the term of this lease.
(b) Maintain premises liability insurance in the amount of
$1,000,000 per occurrence.
13. 1J;:SSEE.!.S_INSllMNl::.!:I.. I,essee, as a governmental entity,
is legally uninsured (self-insurance) and is in the process of
obtaining new excess general liability insurance on or about
April 1, 1986. Lessee agrees to provide Lessor with its new
certificate of insurance and agrees to maintain excess insurance
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and its self-insurance as aforesaid in force and effect during
the entire term of this lease and any extensions thereof.
14. 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.
15. lli1ilEllLOOMAl.ll. 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.
16. AM~n~ENT. This lease may be amended or modified only
by written agreement signed by both parties hereto.
17. AS~GNMENT. 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. LEASJL,l'.!'PLICA~L~_l'Q_~f,;MQB-I_ET.c~ This lease and the
terms, covenants, and conditions hereof apply to and are binding
on the heirs, successors, executors, administrators, and assigns
of the parties hereto.
19. YAL1D~TY. If anyone or more of the terms, provisions,
promises, covenants, or conditions of this lease shall to any
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extent be adjudged invalid, unenforceable, void or voidable for
any reason whatsoever by a court of competent jurisdiction, each
and all of the remaining terms, provisions, promises, covenant,
and conditions of this lease shall not be affected thereby and
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shall be valid and enforceable to the fullest extent permitted by
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law.
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20. BQLP_BlIEMLJ;:SS. Lessee shall hold Lessor harmless from
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any liability for damage or claims for damage for personal
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injury, including death, as well as from claims for property
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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 shall defend Lessor from any suits or actions at
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]4 law or in equity for damages caused, or alleged to have been
]" caused, by reason of any of the aforesaid operations.
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]6 Lessor shall hold Lessee harmless from any liability for
]7 damage or claims for damage for personal injury, including death,
]8 as well as from claims for property damage which may arise from
In Lessor's duties or operations hereunder or its failure to make
20 all improvements promised pursuant to this lease. Lessor shall
2] defend Lessee from any suits or actions at law or in equity for
22 damages caused, or alleged to have been cause, by reason of or
23 arising out of such duties, operations or failure.
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21. NOTJC);:S. All notices herein required shall be in
25 writing and delivered in person or sent by certified mail,
26 postage prepaid, addressed as follows:
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LESSEE
LESSOR
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Attn: Real Property Section
Public Works Department
S K Management Company
6330 San Vicente Blvd. Ste. 30
Los Angeles, CA 90043
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22. R~QBDATIQN. Lessee will have this lease recorded in
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the office of the County Recorder, San Bernardino County, State
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of California, together with the appropriate Resolution of the
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governing body of Lessee.
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23. 11M~_Qf_~SS~N~~. Time is of the essence herein.
IN WITNESS WHEREOF, the parties hereto have caused this
lease to be executed and attested by their proper officers
thereunto duly authorized, and their official seals to be
affixed, as of the day and year first above written.
LESSEE
CITY OF SAN BERNARDINO
ATTEST:
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//:/y;'0,/):{};1J/',l/3-_. _,__.___._
City Clerk
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By -'--~7""-~----:-'L2-_- ::.... _-:.:_~.:..:_~L~__
Mayor
LESSOR
S K MANAGEMENT COMPANY
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By,"__~-,-" "ij1" /.c!(, L,~___
Agent iorMeadowbrook Park & Tower i\pts.
Title: Executive Director
Approved as to form:
;/" /' " .'/ .":) ;c..- _.~
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_~~~~_~!(~!L'- /~~"C__'~~,~~~~~~
City Attorney
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