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HomeMy WebLinkAbout1984-367 c'..". ., ,'r:'~'. "" . ~"::'i".~1i' ';.1<<"";' J.'{:' >~>: ',:',~~'c'-",~7t?'f~;~~"~;~'~"'j~/ I RESOLUTION NO. 8Ll-.367 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING XECUTION OF LEASE WITH COUNTY OF SAN BERNARDINO FOR LIBRARY PACE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY F SAN BERNARDINO AS FOLLOWS: 3 4 5 6 SECTION 1. The Mayor of the City of San Bernardino is ereby authorized and directed to execute, on behalf of the City f San Bernardino, that certain Lease Agreement between the City San Bernardino and the County of San Bernardino, a copy of hich is attached hereto as Exhibit "In and incorporated herein 7 8 9 10 11 y reference. 12 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San 13 14 Bernardino at a reqular meeting thereof, held on the , 1984, by the following vote, to 15 17th day of September 16 wit: 17 Council Members ('~~t..::In~rl;=t Re>; 1 1 'i1 . .." ~e-r:R~:R(~Q'7 i AYES: 18 Ouiel. Frnz;pr ~rri~~1~r 19 NAYS: None 20 21 ABSENT: Counci 1 r.1err'lhp.r r,lIF.lrl:~ 22 23 4$#4<#~ / CITY CLERK 24 25 The foregoing resolution is / fti.. day 26 I lof PeDtember , 1984. 27 28 ", 'f 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 pproved as to form: .it"...... -2- ---._--"_......~." . " FOR COUNTY USE ONLY County Department Contract Number 'GY# COUNTY OF SAN.IlERNARDINO ~ "W! STANDARD CONTRACT ~ EPWA - Engineering Contract Services County Department Contract Representative D. JEFFREYS, Lease Manager Real Property Division Contractor's License Number: Budget Unit No. 228 Sub-Object No. 9370 Job No. Amount of Contract NX>166 Project Name: Law Library If contract has more than one payment or..leceipt complete the fOlJowlng:Exchange OI ' Payments Estimate: ~M1ir-~ Approximate Amount Eacl1: TH]S CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereafter called the CountY, and . Nam~ CITY OF SAN BERNARDINO LESSEE ,~P., hereafter called n ~ Addren 300 North "D" Street ~ "'\J ~~cf~' ~''\. '.1 ~ \), i- 't San Bernardino, CA 92418 Phor..e Birth Date Feder-al 10 No. or_Social Security No. IT IS HEREBY AGREED AS FOLLOWS: (Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid manner of payment time for performance or completionl determination of satisfactory performance and cause for te,/nination other term~ and conditions, and attach plans, specifications, and addenda, if any,) , TIlE LESSEE HEREBY LEASES :F'flCX>l THE CXXJNIY THE FOLlOWING DESCRIBED PREMISES: 1.., Premises Demised: Approximately 20 I 000 square feet of office space and parking located at 401 North Arrowhead, San Bernardino, California. 2. Use: The demised premises shall be occupied and used by the Lessee dur~ngthe term bereof. 3. Term and Rental: The term of this lease covers a period of 24 months beg~nning January 1, 1984, and ending December 31, 1985. The City of San Ber- nardino will design and construct an entrance into the County of San Bernardino'~ Government Center located at 385 North Arrowhead Avenue, San Bernardino, Cali- fornia, subject to coordination with and approval of the County. This' construc- tion will be in exchange for the temporary use of the demised premises that currently houses the downtown public library. Construction schedule of' the proposed entrance to be submitted on or before December 31, 1984. 4. Hold Over: In the event the Lessee shall hold over and continue to occmpy the demised premises, the tenancy shall be deemed to be a tenancy from . mon~h to mo~th upon the_ same terms and .conditions as existed and prevailed at the time of the termination of the term of this lease. 5. Return of Premises: The -Lessee agrees that it will upon the terminatio * * * * * * * * * * * * * * * * * * EXHIBIT I -1 5 A" .....,.....-^""^ c.... 'l/An P.na ...f r.. ....;:..-~._._.......:..."--~~-_._.._._.__.:-_.__..__.--.. .__.__..o.__._.' ,'.--........ .... t. ._-..-.-...-....,.;.;.;.....~...-..+- of this lease or any extension thereof, return the demised premises in as good condition and repair as the premises now are, or shall thereafter be put, reasonable use, wear and tear excepted. 6. Maintenance: It is agreed County shall, at its own expense, make all necessary major repairs or replacement ,'including glass replacement of exterior windows, not broken by Lessee employees or its invitees, and damages resulting from defective or faulty plumbing lines leading from the main sewer to the building, any failure of the electrical system which would require replacement of electrical switches .or main panel, or replacement of burnt out or defective ater heaters; any and all other .damage to the bUilding exteriors or roof, park- ng and grounds; any and all damages to the leased premises caused by or result- ng from an act of God. The County Shall be responsible for the normal maintenance of the exterior nd interior of the building and the normal maintenance of the air conditioning nd/9r heating units, it being understood and agreed that should the said air. onditioning/heating unit fail to function through no fault of the Lessee, County ahll be solely responsible for its repair or replacement, and covenants to ake such repairs or replacement within a reasonable time after notification of alfunction. 7. Installation of Fixtures: Lessee shall have the right, during the xistence of this lease, to install shelving, improvements and fixtures in the emised premises; which shelving, improvements and fixtures shall remain the roperty of the Lessee and may be removed from the premises by the Lessee prior o the termination of this lease or any extension thereof, provided, however, hat the Lessee restore the premises to the same condition as that existing at e time of entering upon the same under this lease, reasonable wear and tear d damage by the elements excepted. !. n...,..._ n _.D _ , _..,_.._._----........-.>...._-~,.._"...,._...:>-..,.., "" . .... 8. Utilities: Lessee shall furnish, at his cost, water and sewer service, electricity, gas, trash pick up, five-day janitorial services furnished to buildings and telephone services. 9. Liability: A. Lessee shall hold the County harmless from any and all liabilities for injury to ~ersons and damage to property to or upon the demised premises arising out of any act or omission of the Lessee, including the property of the Lessee and the persons and' property of the Lessee's servants, agents or business invitees. B. County agrees to indemnify, defend and hold harmless the Lessee, its officers, agents and employees from any and all liabilities for injury to persons and damage to property to or upon the demised premises arising out of any act or omission of County, his agents or invitees and shall defend the Lessee in any third party lawsuits resulting therefrom. 10. Subletting: The Lessee will not assign, mortgage or hypothecate this lease, or any interest therein, or let or sublet the whole or any part of said premises or make or suffer any al tera tion to be made in or on said premise's, without, in each instance, first obtaining the written consent of County. 11. Signs: The Lessee will display from the windows and/or marquee of the demised premises only such sign or signs as are permitted by City Ordinances and approved in writing by County. 12. Damage or Destruction: A. If the leased premises are totally destroyed by fire or other casualty, this Lease shall terminate. B. If a casualty renders ten percent or less of the floor space of the leased premises unusable for the purpose intended, County shall promptly repair the premises, but in any event within thirty days of the casualty, or P"c;e 3 of 5 .-.0 __"'~__~-.'.~.'M.~._', ~'.";'~".__"'..o..-..... . . . . Lessee may terminate this lease by written notice to County. C. If a casualty renders' more than ten percent of floor space un- usable, County shall.promptly repair the premises, but in any event within ninety days of the casualty, or Lessee may terminate this lease by written notice to County. D. If Lessee chooses to remain in possession of the premises despite partial destruction, the rent provided in this lease shall be reduced by the same percentage .that useable floor space has been reduced. 13. Default: County ~ereby is granted the right to cancel this lease if and whenever the Lessee shall continue in default in the perf9rmance of any of its obligations herein (with the exception of ~he payment of rent as herein specified) for a period of thirty days from and after written demand, given by the County to the Lessee, for the performance of such obligations as breached by the Lessee, together with notice of County's intention to cancel the Lease for such continuance of said breach. A notice period of ten days shall be applicable with respect to the payment of any rent due hereunder. 14. Remedies Cumulative: All remedies granted by this Lease to either party shall be deemed to be cumulative and shall not deprive either party of any other remedy granted by law. 15. Heirs and Successors: This lease shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors, and assigns of thE parties hereto. 16. Safety and Fire Code Requirements: It is mutually agreed that should the continued occupancy of the leased premises be in any way prejudiced or pre- vented due to changes in the Safety or Fire Code for Public Buildings, the County herein shall correct, update and comply with said changes. The said change, compliance and correction shall be at County's cost, provided the said Page 4 of 5 _.. ,,~. ,-' ..,._,........_:.. "'" ,'-__'. ,...__.........:...-;.~:..,...~_..._.- ,,_ ~-~"'-".......-A-_,_.~,,__,..c .........;.,...:,..._L _.. ,..~._...__~..",,"O~~ ,_--"~____..~_._.c...,..."",",._ 'C .... ..". , , " ' corrective requirements were not caused by the Lessee's service activity in using the building. 17, Notices: All notices to be given between the parties hereto shall be in writing and served personally and by depositing the same in the United States mail, postage prepaid and registered, and addressed to the Lessee at 300 North "D" Street, San Bernardino, California 92418, and the County at Environmental Public Works Agency, Engineering Cont~act Services, Real property Division, 825 East Third Street, San ~ernardi?o, CA 92415. 18, Time: is of the essence' of this' lease. COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO ~ Chairman, Board of Supervisors (State if corporat;on~ company, etc.) By~ (Authorized Signature} Dated Dated ATTESTED: Title 300 North ','D" Street San Bernardino, CA 92418 ~ Clerk of the Board of Supervisors Address Approved as to Legal Form Reviewed 8$ to Affirmative Action Reviewed for ProcessIng ~ ~ ~ Agency Admlnlstrator/CAO County Counsel Date Date Date . "'--- '"