HomeMy WebLinkAbout1981-403
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RESOLUTION NO.
81-403
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH AUTHORITY FOR THE HANDICAPPED OF SAN
3 BERNARDINO RELATING TO THE LEASE OF CERTAIN PREMISES IN THE
FACILITY KNOWN AS "THE CENTER FOR INDIVIDUALS WITH DISABILITIES".
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is hereby
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authorized and directed to execute on behalf of said City a Lease
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with Authority for the Handicapped of San Bernardino relating to
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the lease of certain premises in the facility known as "The Center
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for Individuals with Disabilities", a copy of which is attached
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hereto, marked Exhibit "I" and incorporated herein by reference as
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fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
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IS
adopted by the Mayor and Common Council of the City of San
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Bernardino at an
adjourned regular
meeting thereof, held
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on the
September
, 1981, by the following
14th day of
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vote, to wit:
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AYES:
Council Members
Castaneda, Reilly, Hernandez, Botts,
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Hudson, Strickler
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NAYS:
None
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ABSENT:
Council Member Hobbs
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~d~4/~A.b
, City Clerk
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Approved as to form:
C~~~
:r~day
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The foregoing resolution is
of ~L___, 1981.
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LEA S E
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(Center for Individuals with Disabilities)
THIS LEASE is entered into in the State of California by and
between the CITY OF SAN BERNARDINO, hereafter called UCity", and
AUTHO~ITY FOR THE HANDICAPPED OF SAN BERNARDINO, hereafter called
"Sublessor".
IT IS HEREBY AGREED AS FOLLOWS:
WITNESSETH, that the Sublessor does by these presents, lease
and demise unto the City the following described premises as shown
on Exhibit "Au attached hereto and incorporated by reference:
Two thousand six hundred ninety-two (2,692) square .feet of
floor space, common areas and a non-exclusive use of parking as
available, all located at the northwest corner of Fourth and Palm
Lane in the County of San Bernardino, State of California. The
floor space is identified as Areas *1, 2, 3, 4, 5. 6, 7 and 8;
Room C; and the common area, all located in the facility known as
"The Center for Individuals with DisabilitiesU;
For the term of fifty-six (56) months beginning November 1,
1980 and ending June 30, 1985 for the estimated total rent and sum
of ONE HUNDRED FIFTY THOUSAND SEVEN HUNDRED FIFTY-TWO and NO/IO.o
DOLLARS ($150.752.00), payable monthly, NOT IN ADVlll~CE. in the
amount of TIiO THOUSAND SIX HUNDRED NINETY-TWO AND NO/lOO DOLLARS
($2,692.00) in lawful money of the United Stat~s of ~~erica.
IN ADDITION, IT IS HEP.EBY AGREED AS FOLLOWS:
ARTICLE *1) ANNUAL LEASE RATE:
a) It is herein mutually agreed and understood that the
initial full service lease rate per square foot of $1.00 shall
apply during the months of Noveroer, .1980 through June 30, 1981.
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This is determined by using $.45 a square foot as a base lease
rate plus an estimated $.55 a square foot for all cost for the
operation and maintenance of the premises.
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b) It is also agreed and understood that the expression
"FULL SERVICE" co\"crs all costs in maintaining the site, building,
I equipment , janitorial service and supplies and all utilities
except the telepl10ne installation and service charge.
c) It is further agreed and understood that beginning July
.lease payment in the amount of TIiO THOUSAND NINE HUNDRED SIXTY-ONE
lAND 20/100 DOLLARS ($2,961.20).
ARTICLE #2) ANNUAL LEASE RATE ADJUSTMENT/REIMBURSEMENT:
a) It is herein mutually agreed and understood that on.or
before April 30, 1982, Sublessor shall supply the City with an
accounting statement confirming the actual per square foot
operational/maintenance cost of the leased premises for the period
of November I, 1980 through March 31, 1982.
b) It is also agreed that the FULL SERVICE LEASE RATE for
the lease year July, 1982 through June 30, 1983, and each
subsequent lease year, shall be adjusted (increased or decreased)
in accordance with the operational/maintenance costs as confirmed
y the accounting report.
c) It is also agreed that should the FULL SERVICE square
foot cost as confirmed by the accounting be less than the
espective $1.00 and $1.10 a square foot rate paid during
ovember, 1980 through June, 1982, the FULL SERVICE LEASE RATE
hall be adjusted downward and any overpayments to Sublessor shall
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be refunded to the City of San Bernardino's General Fund on or
I~efore Ju~e
lncrease ln
30, 1982. CONVERSELY, if the accounting shows an
costs as estimated, and a shortage of pa~rnent results
on the City's part, the shortage shall be paid to the Sublessor by
adding the amount of shortage, c.ITlortized over the next year's
lease period and combined with the new adjus~ed lease rate
covering the lease year July, 1982 through June 30, 1983 and each
subsequent lease year, and lease option so exercised.
ARTICLE #3) OPTION TO EXTEND/RE~EW LEASE: Sublessor hereby
grants to the City two (2), five (5) year OPTIONS to extend/renew
this lease beginning with July 1, 1985, provided the City gives to
Sublessor written notification of its intent to exercise said
option NINETY (90) days prior to the termination date.of existing
lease. Each option so exercised shall be subject .to a lease
payment adjustment based on an audited review of the
operational/maintenance costs.
ARTICLE #4) HOLD OVER: In the event the City shall hold over and
continue to occupy the leased premises with the consent of the
Sublessor expressed or implied, the tenancy shall be deemed to be
a tenancy f~om month-to-month upon the same covenants and
conditions as existed and prevailed at the time of the termination
of the term of this lease.
~RTICLE #5) LEASE TEID1INATION: Sublessor expressly recognizes
that the City is a governmental entity created by specific
statutory authority and that the City's ability to contract and
pay for leased space is predicated upon the continued funding of
the Park and Recreation Department; therefore, the City shall be
entitled to terminate this lease when said funding is
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discontinued, notwithstanding any provision in this agreement to
the contrary, upon written notice delivered to the Sublessor at
least 60 days prior to the notice date of termination,_
ARTICLE 16) MAINTENANCE, UTILITIES, TAXES AND INSU~~CE:
Sublessor shall pay for all real property taxes, fire and
liability insurance covering the premises, utilities, maintain the
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interior and exterior of the building and parking lot area during
the term of this lease, and provide janitorial services on a full
service basis. Utilities shall include all services except
ItelePhone installation and monthly service charges.
!ARTICLE 17) DESTRUCTION:
a) If the leased premises are totally destroyed by fire or
lother casualty, this lease shall terminate.
b) If a casualty renders ten percent or less of the floor
space of the leased premises unusable for tIle purpose intended,
Sublessor shall promptly repair the premises, but in any event
jithin thirty
lthis lease by
(30) days of the casualty, or the City ~ay terminate
written notice to Sublessor.
c) If a casualty renders more than ten percent of floor
space unusable, Sublessor shall promptly repair the premises, but
in any event within ninety (90) days of the casualty, or the City
bay terminate this lease by written notice to Sublessor.
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d) If the City 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 usable floor
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space has been reduced.
~RTICLE #8) ALTERATIONS: The City, subject to the advance
approval of the Sublessor, may make any alterations, improvements
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or additions on its portion of leased premises. They shall remain
lithe property of the City and may be removed prior to the
termination of this lease or at the end of any renewaL or
lextension of this lease, or within a reasonable time. The City
shall have no duty to restore any part of the premises it alters,
but shall repair any damage caused by its election to remove any
of its improvements.
ARTICLE #9) ASSIGNMENT AND SUBLETTING: The City shall not assign
this lease or sublet the premises without the written consent of
Sublessor. Sublessor shall not unreasonably withhold consent.
ARTICLE #10) NONLIABILITY AND INDEMNIFICATION OF SUBLESSOR: The
City agrees to indemnify Sublessor for liability. or claim for
damage for personal injury, death or property damage resulting
from the city's own acts or omissions on the premises during the
term of this lease.
ARTICLE ill) SURRENDER OF POSSESSION: Upon termination of this
lease, City will surrender the premises in the same condition as
received except for reasonable wear, and except for damage by
civil disorder, the elements, act of God or by any circumstances
over which the City has no control.
ARTICLE #12) TIME OF ESSENCE-BINDING ON ASSIGNS: All the limits.
mentioned in this lease are strictly observed. The provisions of
this lease shall bind or benefit the heirs, executors,
administrators, successors and assigns of the original parties.
ARTICLE i13) WAIVER: The waiver by the Sublessor of any breach
by the City of any term, covenant or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any
other term, covenant or condition hereof.
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IATTEST:
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I~~BY
Secretary to the Authority
THIS ')/::+1. day
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APP~ED ~~O FORN
of ~" , 1
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IBy
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IATTEST:
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II~ ~
. 'J?//7'/?/ i:P.{/t/
ity Clerk
IAPPROVED.CSr59 FOR."! THIS /.r
IOf "~ , 1981-
By /~~~4:).J~
C~ty At orney
day
ATTEST:
COUNTY OF ~N. P.R~
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By.
Clerk of the Board of
Supervisors
THIS ill day
, 1981.
ADOPTED
Board of Supervisors
County of San Bernardino
~ ~.B'
cIeri of the Board
, 1981
of Supervisors
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DATE
-INTER-OFFICE MEMO
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FROM
september 22, 19~~~
ROBERT B. RIGNEY )~
County Administra.ive
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PHONE 2018
TO BOJl.RD OF SUPERVISORS.
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OPERATING AGREEMENTS WITH THE CITY OF SAN BERNARDINO FOR THE
SUBJECT CENTER FOR INDIVIDUALS WITH DISABILITIES
RECOMMENOATION:
. 81-647 81-648 81-649
Approve the operating agreements/for the Center
for Individuals with Disabilities and authorize
the Chairman to execute.on behalf of the Board
of Supervisors.
and 81-650
_F/...~S'I
BACKGROUND INFORMATION: On October 16, 1978, the Board of
Supervisors and the City. of San Bernardino created a Joint
Powers entity, Authority for the Handicapped of San
Bernardino County. The Authority's purpose.is to organize
and administer an. areawide handicapped center and care system
in the North Norton Block Grant target area. The Authority,
with Office of Community Development funds from the County
and the City, has constructed a Therapy Recreational Center
for individuals with disabilities, a Community Center, and
a park in what is called the North Norton Complex. The
facilities were completed October 22, 1980.
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The County and City have executed lease agreements which fund
the operation of programs at the Center. The operating
agreements layout the responsibilities and roles of the City.
and County over the life.of the facilities.
RBR:JMG:db
Attachment
MOTION
APPROVED BOARD OF SUPERVISC~S
COUNTY OF SAN BERNARD!: ,:J
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