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RESOLUTION NO. ,J$S1J1
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH AGAPE HOUSE COUNSELING CENTER, INC.
3 RELATING TO THE USE OF THE AGAPE HOUSE FOR OUT-PATIENT SERVICES
TO DRUG ABUSE PATIENTS.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said City
8 a Lease with Agape House Counseling Center, Inc. relating to the
9 use of the Agape House for out-patient services to drug abuse
10 patients, a copy of which is attached hereto, marked Exhibit
11 "A" and incorporated herein by reference as fully as though
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set forth at length.
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I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
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of~;c5~
Bernardino at a
meeting thereof, held
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on the i# day
, 1978, by the following
17 vote, to wit:
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Councilmen ~ ;k ~ g) --L ~ ~ ~
J'""fr';;;';:;' ;;; ;;.:~ ft:' ~-
/7/I-t.P./
7J~
AYES:
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NAYS:
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ABSENT:
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~#4?/b ~d &ir' 1~i
/ City Cler
f7K
day
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The foregoing resolution is
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of 7Znu.-k /
, 1978.
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LEA S E
(Agape House)
THIS LEASE is made and entered into this ~ day of
l~
, 1978, by and between the CITY OF SAN BERNARDINO,
a municipal corporation, hereinafter called "Lessor", and AGAPE
HOUSE COUNSELING CENTER, INC., a California non-profit corporation
hereinafter called "Lessee".
WIT N E SSE T H:
WHEREAS, Lessor is the owner of that certain real property
generally known as the City Nursery located at the southeast
corner of Crestview Avenue and Highland Avenue in the City of
San Bernardino, State of California, hereinafter called the "City
Nursery"; said property includes, among other structures, a
former residential building and its garage; and
WHEREAS, Lessor has leased said real property to Lessee's
predecessor in interest since 1973 for the purpose of out-patient
services to drug abuse patients; and
WHEREAS, Lessor does not now need nor does it contemplate
the need or use of said residential building or garage during
the term of this lease for municipal purposes; and
WHEREAS, the use of said residential building and garage
by Lessee shall be for public purposes,
NOW, THEREFORE, for and in consideration of the mutual
covenants, promises and agreements herein contained, Lessor and
Lessee hereby agree as follows:
1. Property Leased. Lessor hereby leases and lets to
the Lessee, and the Lessee hereby accepts and leases from the
Lessor, said residential building and garage located on real
EXHIBIT "A"
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property known as the City Nursery, 607 East Highland Avenue, and
located generally at the southeast corner of Crestview Avenue and
Highland Avenue in the City of San Bernardino; the other structure
and said real property being purposely and specifically excluded
from this lease.
2. Term. The term of this lease shall be for a period
of two years commencing upon the 1st day of July, 1978, and
terminating upon the 30th day of June, 1980, unless sooner ter-
minated as hereinafter provided.
3. Rent. Lessee agrees to pay as rental for said build-
ings during the term of this lease an annual rental of one dollar
($1.00) per year, payable in advance upon the date of execution
of this lease.
4. Utilities. Lessee covenants and agrees to pay, before
delinquency, all bills for utilities, including gas, electricity,
water and telephone, furnished to said buildings during the term
of this lease and to hold Lessor harmless therefrom.
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5. Maintenance. Lessee accepts the leased premises in
lits "as is" condition and covenants and agrees to maintain and
keep in good repair and condition the interior of said building
and garage during the term of this lease, normal wear and tear
excepted. The exteriors of said building and garage and the re-
mainder of the City Nursery premises shall be maintained by the
Lessor.
6. Use. The use of said building and garage during the
term of this lease shall be limited solely to the purposes and
for the benefit of the Lessee.
7. Alterations. Lessee shall not make, or suffer to be
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made, any alterations of said building and garage, or any part
thereof, without the written consent of Lessor first had and
obtained; and any addition or alterations pursuant to said
written consent shall become the property of Lessor upon the
termination of this lease.
8. Inspections. Lessee shall permit Lessor and its
agents to enter into and upon said building and garage at all
reasonable times for purposes of inspecting the same or for pur-
poses of making repairs, alterations, or additions thereto.
9. Liens. Lessee agrees to keep the premises free and
clear of any liens that might arise from the making of any re-
pairs or other maintenance, and to hold harmless Lessor therefrom.
10. Sanitary Condition of Premises. Lessee shall keep
and maintain the exterior and interior of said building and
garage, and the surrounding area thereof, in a clean and sanitary
condition at all times during the term of this lease.
11. Destruction of Premises. If said residential build-
ing or garage is partially or totally destroyed so that it is no
longer fit for the use designated in this lease through no fault
of Lessee, then in such event Lessor shall have the sole option
to either reconstruct or repair said building within thirty (30)
days, or such greater time as mutually agreed by the parties
hereto, or to consider this lease terminated forthwith.
12. Taxes. Lessee shall pay, prior to delinquency, all
taxes and assessments which may be levied upon furniture and other
personal property owned or used by Lessee upon the premises of
the City Nursery during the term of this lease.
Lessee recognizes and understands that this lease may
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create a possessory interest subject to property taxation and
that the Lessee may be subject to the payment of property taxes
levied on such interest. Lessee agrees to and shall hold harm-
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less the City, its elective and appointive boards, commissions,
officers, agents and employees from any and all liability for any
such taxes.
13. Ingress and Egress. Lessee shall have both ingress
and egress to said building and garage during the term of this
lease, over the presently used and designated driveway beginning
at the Crestview Avenue driveway apron and terminating at the
garage and rear area of said building.
14. Fire Insurance. Lessee hereby agrees and covenants
to procure and maintain a policy of fire insurance for the bene-
fit of Lessor to cover both said building and garage in a minimum
face amount of ten thousand dollars ($10,000.00).
15. Liability Insurance. Lessee agrees to procure and
maintain a policy or policies of public liability and property
damage with an insurance company or companies approved by Lessor
for the benefit of Lessor and Lessee, in amounts no less than set
forth below, and under and by the terms of which the City of San
Bernardino, and its respective boards, commissions, officers,
agents, and employees are protected from and insured against any
and all loss, damage or liability of whatsoever nature arising out
of or in connection with the use or operation of said building
and garage during the term of this lease, or the activities of
the Lessee or agents, officers, or employees of the Lessee upon
the premises of said City Nursery. The limits of liability on any
policy of public liability and property damage shall not be less
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than one hundred thousand dollars ($100,000.00) for injury or
death of one person, three hundred thousand dollars ($300,000.00)
for injury or death of more than one person, and twenty-five
thousand dollars ($25,000.00) for property damage.
Lessee shall pay, prior to delinquency, any and all pre-
miums or other expenses in connection with the furnishing of
insurance as provided for in paragraphs 14 and 15, and shall
deliver to Lessor policies evidencing the insurance procured
under the terms hereof, or to deliver in lieu thereof certifi-
cates of coverage from the insurance company or companies writing
said policy or policies of insurance. Furthermore, said policies
or certificates shall contain endorsements providing that the
insurance company shall not cancel such policies without thirty
(30) days' prior written notice to Lessor.
16. Hold Harmless. This lease is made upon the express
condition that Lessor shall be kept free and harmless from any
and all liabilities and claims for damages and/or suits of any
kind whatsoever arising out of the use of said building and
garage, and driveway for ingress and egress therefrom, or any
other structure or area of said real property used or occupied by
Lessee and its agents, officers, employees, guests or visitors.
Lessee hereby agrees and covenants to indemnify and save harmless
Lessor and its agents, officers, employees, guests or visitors
from all liabilities, charges, expenses (including counsel fees)
and costs on account of or by reason of any injuries, liabilities,
claims, suits or losses, however occurring, or damages arising
out of the same, connected with the use of said building or
garage or Lessee's operations under this lease, or by the use or
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occupancy of any other area of the City Nursery or grounds during
the term of this lease by Lessee or its personnel, volunteers or
guests.
17. Approval of Rules and Regulations. All rules and
regulations relating to the use of said building and garage dur-
ing the term of this lease as promulgated or adopted by the
Lessee, from time to time, shall be subject to the prior written
approval of Lessor.
18. No Implied Waiver. Nothing contained in this lease
shall be construed as waiving any of Lessor's rights under the
laws of the state of California.
19. Compliance with Laws. Lessee shall not violate, nor
allow the violation of, any law of the City, state or federal
government or rules of City in conducting its operations under
this lease.
20. No Sublease nor Assignment. Lessee shall not sublet
said building nor garage, nor any part thereof, or assign this
lease, without Lessor's prior written consent.
21. Default. Lessor shall have the right of immediate
termination of this lease and of immediate occupancy of the leased
premises in the event Lessee violates any term or condition hereof
and such immediate termination shall not relieve Lessee from
liability for damages for breach of lease or for injury to the
leased premises.
22. Termination. A 3D-day written notice of termination of
this lease by either party may be given to the other party, and
this lease shall terminate thirty (30) days thereafter.
23. Amendment. This lease may be amended or modified only
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by written agreements signed by both parties and failure on the
part of either party to enforce any provision of this lease shall
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not be construed as a waiver of the right to compel enforcement
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of such provision or provisions, nor act to release any surety
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from its obligations under this lease.
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24. Notices. All notices herein required shall be in
7 writing and delivered in person or sent by certified mail, post-
8 age prepaid, addressed as follows:
9
. "LESSOR"
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City of San Bernardino
Park & Recreation Dept.
300 North "D" Street
San Bernardino, CA 92418
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"LESSEE"
Agape House Counseling
Center, Inc.
607 East Highland Avenue
San Bernardino, CA 92404
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25. Covenants. There are no covenants or warranties other
than those expressed herein.
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IN WITNESS WHEREOF, the parties hereto have executed this
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lease on the day and year first hereinabove written.
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17 ATTEST:
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AJ:,,@24/ ~~, ~/L/ Qp/-&
City Clerk 77-7
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CITY OF SAN
Mayor
AGAPE HOUSE COUNSELING CENTER, INC
BY~~~\
Title , "
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(t'IQ" $Ireei. City, Slola, Zip)
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PAK
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(T AUY)
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roucv rr.7MIUM
HOME OFFICE - SAN DIEGO, CALIFORNIA
A STOCK INSURANCE COMPANY
51 0485
7~C;,JS
Lienholder:(No.. St~'. City, Stale, Zip)
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N/A
'~J.;(, Counseling Center,
; "i.9b~,~~nd Ave.
":.__nnrdino, CA 92404
Inc.
Type of lien
(,"Mortgage ()Contract "Deed in TrU5\
Inleresl of Named Insured in Insured Premises:
f>Owner a Tenonl C;Ge"NollE.,.seo
The Named Insured Is:
C) Individual 0 Porlnol'1hip
Construction Class
C:<Fromo/Mosonry 0 fire Resistive
Protection Closs
C<,=orporotion
? 'Jifil..trenl f,ern Moiling Address - No., Street, City, State. Zip)
',l p,':::narc1ino
()SprinklcH)d
To
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'..C I<T If)C,.,TION OF PROf[lUV INVOlVED, \PROGRAM/OCCUPANCY
.IT.on, )),\ _, '1:ft:~'~IM ,',,/lODS FOfl: WHICH MMIUM IS out-p~tient Clinic Office
1t1'''",~I'C' AP"U.S ONLY TO THOSE COVERAGES FOR WHICH A LIMIT OF LIABILITY IS SHOWN AND THIS COMPANY SHALL
NOT nE LIABlE FOR MORE THAN THE LIMIT OF LIABILITY SPECIFIED FOR SUCH COVERAGE AT THE ABOVE DESCRIBED PREMISES,
': (2.0
07.8
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l.pHYSiCAL DAMAGE TO PROPERTY
LIMITS OF L1MILlTY
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'IS i-,' ._.___ 'Yo Co-insurance (Check 80x 8.1. or 8,2. below)
1$ 49,000.
1$
4,000.
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0/0 Co-insurance ~ Per Form:
UND0055
o B.l. Expanded Coverage Endorsement. Per Form:
OR
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(:.?J B.2, Special Expanded Coverage Endorsement. Per Form:
,..' ',',GE (PER FORM MLB.200)
'pd Frorf'I/Uamage
ICW B. 2 (0)
i jnil"Y I.iobilil/--- Hazords A, 8, and C - Per form MlB.220
Single limils:
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r;- 30;:.--!
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1$ 1,000,000. J
Combined Single limits:
li~"j rnYlll':"nts
Each Person:
Eoch Occurrence:
hip 1\,,,, 'lflobilo liability - Per form MLB-222
Combined Single limits:
__~?_ ~;_-;id form'"!) pori of this policy:
646 D s.t. San Bernardino, CA 92401
COUNTERSIGNED AT 1/;[JI:~~,O!~IZEIr1;~~~~ n~~p:~/0G,;n 1:;;-cO~~i~!'C:--=' ',~O,"
,:-,"\_1_~.___ San Bernardino, CA il..:-:'l."~-:_j"."""'-'- (l~< "~r/r,,,it~~,-,.,!_~________
~ljl~ Provisions and Stipulations t-IQroln or Add:;td t-Ioroto and of Ih'.l ~)rumlum r~hov" Speclfil[ld (or spe~ifi~n endorsclTlc'nl ollac;l~"
")"< ,.y, for the porlod from I"c"pllon dalo shown above (At 12:01 A.M. Standard Time) 10 (lxplratlon datl',..r.;i,own abovr' (At 12:01 AM
: I""', .I: ,uJlion of properly involved. 10 an amount not exceeding Iho limit of liability specified, does. insure the InsU(r '.: 'J..I'I~ -:1 L1 t1
',~ 'If"l kgal represenfatives. to the extent of the actual cash value of the property al the limo of loss, but nol exceeding the arnount vlhich
., ,,~r"f 'Ir or replace the property with material of like kind and quality within a reasonable lime ofter such loss, wilhoul allow(lwc for any
T .,1, ioir or reconstruclion by reason of any ordinance or low regulolin~1 construchon or repair, and without compensolion fnr lo~s r...e,ullr~:)
';1<" . :'\J~l'l':'SS or manufacture, nor in any event for more thon II\(, rn!cfC'.,i of lhe Insufed, agornsl 011 LOSS BY FIRE, L1GtHtm,lG f\f'f) 'Jli;;,,,
, ::\HI~T IN THIS POLICY 'r-.ClUDltIG REMOVAL Fl10r."1 Ft\G.",l~l;S. umANGERED BY THE PERilS INSURED AGAINST IN on:,:'; fOlleY.
'. I ;:'~ rnOVICED, to the properly describ~d herein while lowl'cd or umtotJlcd os described in Ihis policy, or pro raID for fiYlJ days 01 r,wh
'',I " (lny 01 lhe propNty sholl necessarily be removed l<"lr pf('~e"'nlinl' 'rom the perils insured against in Ihis policy, bUl nol cl~ewlHJre
.il ,,) I:", ,Jolley sholl not be valid excepl wilh the written COllsent af lhis Compllny.
'I'y ", friO: l]nd occepled subjecl to the foregoing provisions ond shpulations and those hereinafler staled, which ore hereby mode 0 parI of Thi~
, 1 th'~r with such olher provisions, slipulations and agreements os may be added hereto, os provided in this policy.
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