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HomeMy WebLinkAbout1981-273 !' 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 '~-~'~',)..",., RESOLUTION NO. P/-d?1:t RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE WITH AGAPE HOUSE COUNSELING CENTER, INC. FOR CERTAIN STRUCTURES LOCATED AT 607 WEST HIGHLAND AVENUE. 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 a Lease with Agape House Counseling Center, Inc. for certain structures located at 607 West Highland Avenue, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San on the L , 1981, by the following Bernardino at a meeting thereof, held vote, to wit: AYES: Counci 1 Members ;;:;"i4,~ s #-." riu,*-, , 'fll."'<, ~. /vfi;;.Jdo ~) ?ul<fl7l,J-..,L,J -i'Jk NAYS: ABSENT: ~~~.&~6b City Clerk of ~~OregOing resolution is hereby "-- H,d , 1981. fI'] day Approved as to form: ~~~.._~ City At rney itECORDtD AT RCQUESr 0;= . ; .A','!D MAIL TO \ CITY OF SAN BERNARDINO ~1-168459 @J'/ HECO;('YD Itj ,:':'ICI; 1 : 'C~!~O::; 300 NORTH "0" STREET, SAN BERNARDINO. CALIFORNIA 92418 1911 Jl!l 30 FH 12 08 / .,~' 7 8 9 10 11 12 ; 13 ..~ 14 15 "",.' 16 , 17 ~ 18 19 20 21 22 23 24 25 26 27 28 . /fj" INO JEE I ":/.L c,l:L;"; \Lli:O CO.. C/,Ui-. 1 LEASE ----- 2 (Agape House) /6 TA"day of 3 THIS LEASE is entered into this 4 a,A'~' 1981, by and between the CITY OF SAN BERNARDINO. C7 . 5 a municipal corporation, referred to as "Lessor", and AGAPE HOUSE 6 _ COUNSELING CENTER, INC., a California non-profit corporation, referred to as "Lessee II. The parties agree as follows: 1. Recitals. (a) Lessor owns a certain parcel of real property and structures generally located south of Highland Avenue, west of I Valencia Avenue. I (b) Lessor does not now need nor does it contemplate the I need or use of a portion of said property and structures. i . i (e) Lessee desires the use of a portion of said property" \ and structures located thereon, hereinafter referred to as "premises". Ct:> ~ 1 ~ Cf'1 ('Y.> >+":::. ell ~ 2. Property Leased. Lessor hereby leases and lets to Lessee, and Lessee hires and leases from Lessor that certain structure commonly known as 607 West Highland Avenue and the garage to the rear, located upon the parcel of real property more particularly described as follows: The north 236 feet of the east 140 feet of the west 308 feet of lot 5, Block 40 Rancho San Bernardino, as per plat thereof recorded in Book 7 of Maps, page 2, records of the County Recorder, San Bernardino County, State of California. TOGETHER WITH non-exclusive ingress and egress to , ~ 1 said building, garage, and present existing parking 2 area by means of an existing driveway located west of 3 the above described land and running from the 4 southwest corner thereof, west to Crestview Avenue. 5 3. Use. The premises shall be used for: 6 (a) Outpatient counseling services to community 7 residents having problems with substance abuse and general mental 8 health. 9 (b) Providing a prevention and education program 10 designed to prevent drug abuse through the enhancement of self- 11 esteem and life coping skills. 12 13 (c) Providing a consultation, education and information I 'program designed to increase the community's awareness of the 14 problems of drug abuse and their solutions and a referral base for 15 medical, social, school and counseling needs. 16 Lessee shall not commit, or allow to be committed, any waste 17 or nuisance on the premises, nor shall it use or allow the 18 premises to be used for an unlawful purpose. 19 4. Term. The term of this lease shall be for a period of 20 five years, beginning July 1, 1981 and ending June 30, 1986. 21 5. Payments. Lessee agrees to pay and Lessor agrees to 22 accept as rental for the premises, for the complete term hereof, a 23 total payment of $5.00, payable upon execution of this lease. 24 6. Utilities. Lessee shall pay for all electricity, gas, 25 water, telephone service, and all other services and utilities 26 including service installation fees and charges which may be 27 provided to the premises during the term of this lease. If Lessee 28 desires additional utilities or utili~y services to the premises, -2- . . / 1 2 3 4 5 6 7 8 9 10 11 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 , , Lessee must first obtain written permission from Lessor. 7. Taxes. Lessee covenants during the term of this lease to pay, when due, all taxes and ass~ssments that may be assessed or imposed upon the Lessee's'possessory interest in and to the premises and upon personal property located on the premises. During Lessee's possession and use of the premises, should any taxes or assessments thereon be assessed against Lessor, Lessee agrees to indemnify Lessor. I 8. Ownership. Lessee hereby acknowledges and accepts the Ititle and paramount ownership and interest of Lessor to the I [premises, and 'Lessee agrees not to claim, challenge or contest the Ititle, ownership and entire interest of Lessor. I 9. This lease shall be terminable at the Termination. option of either party upon the service of six mont~s advance written notice of such termination to the other party. Upon revocation, surrender, or other termination of this lease, Lessee shall quietly and peacefully surrender the premises in as good condition as same was at the time of Lessee's entry thereon. 10. Insurance. Lessee agrees to procure and maintain in force during the term of this lease and any extension thereof, at its expense, a policy or policies of insurance against loss or damage to the premises and appurtenances and permanent equipment, resulting from fire, in a minimum amount of $10,000.00, and from lightning, vandalism, malicious mischief, and such perils ordinarily defined as "extended coverage", in a minimum amount of $10,000.00. Lessee agrees to procure and maintain in force during the term of this lease and any.extension thereof, at its expense, public liability insurance in companies having a rating by Best's -3- " 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 ; , Insurance Guide ?f 'A' (General Policyholderl and 'AA' (Financial) ratings or better, adequate to protect against liability for damage claims through public use of or arising out of accidents occurring in or around the leased premises, in a minimum amount of $100,000.00 for each person injured, $300,000.00 for anyone accident, $25,000.00 for property damage. Such insurance policies shall provide coverage for Lessor's contingent liability on such claims or losses. The policies or certificates of insurance shall be delivered to Lessor, Attention: Real Property Section. Lessee agrees to obtain a written obligation from the insurers to notify Lessor, Attention: Real Property Section, in writing at least 30 days prior to cancellation or refusal to renew any such pOlicies. Lessee agrees that, if such insurance policies are not kept in force during the term of this lease and any extension thereof, Lessor may procure the necessary insurance, pay the premium therefor, and that such premium shall be repaid to the Lessor as an additional rent installment for the month following the date on which such premium is paid. 11. Maintenance and Operation. The Lessee is familiar with the premises and has knowledge of the present conditions that exist thereon. Lessee shall, at its own expense, maintain the leased premises and all improvements thereon in good order, condition, and repair. Lessee shall provide or cause to be provided all security service, custodial service, and janitorial service which is required for the proper care and use of the premises. Lessor will provide landscaping service to the grounds surrounding the structures. 12. Improvements. Lessee shall not make, or suffer to be J -4- 1 I 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 ,I I t\ I made, any alterations to the premises, or any part thereof, " fl . . without the prior written consent of Lessor. Any and all alterations and improvements made to the premises pursuant to this i d 'I paragraph shall, upon termination of this lease, remain as a part of the premises at no cost or obligation to the Lessor. 13. Duty to Make Alterations, Additions, or Changes Req~~~ed by Law. If, during the term of this lease, any law, regulation, or rule requires that an alteration, addition, or other chan(Jl' )'.' made to the premise~, the parties agree as follows: (a) If the alterations, additions, or changes are required as a result of Lessee's use of the premises, Lessee wi!! 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. 14. Destruction of Premises. If the whole of the premises, or so much thereof as to render the remainder unusable for the (J:) ~ 1 ~ en CJ) ~ CJ1 ~ purposes for which the same was leased, shall be partially or totally destroyed, then in such event Lessor shall have the sole option to either reconstruct or repair the premises, or to consider this lease terminated forthwith. 15. Inspection. Lessor, its agents, officers, or employees may enter upon the premises at such reasonable times during Lessor's normal business hours as it deems necessary for the purpose of inspection of the premises to determine whether the -5- . T , 10 1 '- 1 terms and conditions of this lease are being performed and kept by 2 Lessee. 3 16. Defaults. In the event Lessee shall be in default in 4 the payment of rentals or other charges hereunder or shall 5 otherwise breach its covenants or obligations hereunder. and shall 6 be and remain in default for a period of 30 days after notice from 7 Lessor to it of such default. Lessor shall have the right and 8 privilege of terminating this lease and declaring the same at an 9 end. and of entering upon and taking possession of the premises. 11 and shall have the remedies now or hereafter provided by law for Irecovery of rent. repossession of the premises and damages loccasioned by such default. If such default should occur. then Lessor shall have the right to take possession of and appropriate 12 13 14 to itself without payment therefor. any property of 'Lessee or any 15 one claiming under it. then remaining on the premises. 16 17. Effect of Lessor's Waiver. Lessor's waiver of breach of 17 one 'term. covenant. or condition of this lease is not a waiver 18 of breach of others. nor of subsequent breach of the one waived. 19 Lessor's acceptance of rent installments after breach is not a 20 waiver of the, breach. except of breach of the covenant to pay the 21 rent installment or installments accepted. 22 18. Lease Breached by Lessee's Receivership. Assignment for 23 Benefit of Creditors. Insolvency. or Bankruptcy. Appointment of a 24 receiver to take possession of Lessee's assets, Lessee's general 25 assignment for benefit of creditors. or Lessee's insolvency or 26 taking or suffering action under the Bankruptcy Act is a breach of 27 this lease and shall terminate same. 28 19. Eminent Domain. If the whole of the premises. or so -6- Cl) j....o ~ ':n ~ &d ,. 1 much thereof as to r~nder the remainder unus~ble for the purposes 2 for which the same was leased, shall be taken under the power of 3 eminent domain, then this lease shall terminate as of the date 4 possession shall be so taken. If less than the whole of the 5 premises shall be taken under the power of eminent domain, and the 6 remainder is usable for the leased purposes, then this lease shall 7 continue in full force and effect and shall not be terminated by 8 virtue of such taking and the parties may waive the benefit of any 9 law to the contrary, in which event there shall be a partial 10 abatement of the rent hereunder in an amount equivalent to the II prorated use of the remaining premises. Any award made in eminent 12 domain proceedings for the taking or damaging of the premises in 13 whole or in part sh~ll be paid to the Lessor (together with any 14 other money which shall be or may be made available for such 15 purpose). 16 20. Hold Harmless. Lessee shall hold Lessor, its elective 17 and appointive boards, commissions, officers, agents and employees 18 harmless from any liability for damage or claims for damage for 19 personal injury, including death, as well as from claims for 20 property damage which may arise from Lessee's operations under 21 this lease, whether such operations be by Lessee or by anyone or 22 more persons directly or indirectly employed by or acting as agent 23 for Lessee. Lessee shall defend Lessor and its elective and 24 appoihtive boards, commissions, officers and employees from any 25 suits or actions at law or in equity for damages caused, or 26 alleged to have been caused, by reason of any of the aforesaid 27 operations. 28 21. Assignments. Lessee shall not assign this lease or -7- co ..... ~ ~ Q) ..:.. <.:.TI c.c , 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 - , , sublet the premises or any part thereof without obtaining the prior written consent of the Lessor. 22. Validity. If anyone or more of the terms, provisions, promises, covenants, or conditions of this lease shall to any 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, covenants, and conditions of this lease shall not be affected thereby and shall be valid and ~nforceable to the fullest extent permitted by law. 23. Lease Applicable to Successors, Etc. This lease and the terms, covenants, and conditions hereof apply to and are binding Ion the heirs, successors, executors, administrators, and assigns of the parties. 24. Non-Discrimination. The Lessor hereby covenants by and for itself, its heirs, executors, administrators, and assigns, and all persons under or"through it, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, national origin, or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the Lessor itself, or any person claiming under or through it, establish or permit any such practice or ~ ~ ~ en en ~t;l. en ~ practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublesses, subtenants, or vendees in the premises herein leased. -8- J ~.- ,. . . 1 25. Amendment. This lease may be amended or modified only 2 by written agreement signed by both parties. 3 26. Recordation. Lessor will have this lease recorded in 4 the office of the County Recorder, San Bernardino County, State of 5 California, together with the appropriate Resolution of the 6 Governing Body of Lessor. 7 27. Notices. All notices herein required shall be in 8 writing and delivered in person or sent by certified mail, postage 9 prepaid, addressed as follows. 10 LESSOR: LESSEE : 11 City of San Bernardino Real Property Section 300 North "D" Street San Bernardino, CA 92418 Agape House Counseling Center, 607 West Highland Avenue San Bernardino, CA 92404 12 13 14 28. Time of Essence. Time is of the essence herein. 15 IN WITNESS WHEREOF, the parties hereto have executed this 16 lease on the day and year first above written. 17 "LESSOR" CITY OF SAN BERNARDIN~ 18 ATTEST. STATE OF CALIFORNIA ) 55 COUNTY OF SAN BERNARDINO) . hear 1981 before me appeared On this 27th daYdo~hJU1Y'c;~r~ ek~own to m~ to be the Mayor and W. R. Holcomb an auna , RDINO and known to me to be City Clerk of the CITY OFhSAN.~~~:Ainstr~ment on behalf of said the person who executed tledWld to me that such agency executed public agency, and acknow e ge the same. . , ~~ C. ;3lW~ -_.'..., _..._-"....".."-~~~.... - ......-- ~;_ <~' IOinC!Al SEAt) ..':t,:,,),. SANDRA A. BAXTER ~.':;.::'.:::. NOTf.RY PUBLIC. DALlIURNIA ~'~':' ~ .", ;",",;: 3!.tWf\RDmO COUNTY MY.CO",",lsslon E :pi:c, 00"..7.,.1981 .---'-_...."~"'.........~ -9- CJ:J J.-li I J.-li <:1? ~ C.~1 CoO I CJ:J ~ ] I-" OJ (J) .+:a ~ ~ . . 1 , RESOLUTION NO. PI-,;??,' 4 5 6 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING.THE EXECUTION OF A LEASE WITH AGAPE HOUSE COUNSELING CENTER, INC. FOR 3 CERTAIN STRUCTURES LOCATED AT 607 WEST HIGHLAND AVENUE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS J<0LLm~S: SECTION 1. The Mayor of the City of San Bernardino is hereby 7 authorized and directed to execute on beh~lf of said City a Lease 8 ,with Agape House Counseling Center, Inc. for certain structures 9 located at 607 West Highland Avenue, a copy of which is attached I,hereto, marked Exhibit "A" and incorporated herein by reference as I fully as though set forth at length. I I I HEREBY CERTIFY that the foregoing resolution was duly ladopted by the Mayor and Common Council of, the City of San I 14 .IBernardino at Ion the '/.. 10 11 12 13 15 16 vote, to wit: 17 AYES: 18 19 NAYS: 20 ABSENT: 21 22 meeting thereof, held 1981, by the following '., CXl j-...> ~ a:. ~ <:Jl . c:.c , . I " . ~ ~ <A/.?$??$~-i.b / )city Clerk 23 : '.\ I' resolution is hereby approved I day , 1981. 24 of 25 26 Approved as to form: ~~~ City At rney 27 28 - ~/k ~Io. If:ot-7J'