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RESOLUTION NO. 86-522
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH AGAPE HOUSE COUNSELING CENTER, INC.,
3 EFFECTIVE JULY 1, 1986, FOR CERTAIN STRUCTURES LOCATED AT 607
EAST HIGHLAND AVENUE.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6 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 with Agape House Counseling Center, Inc. for certain structures
9 locatec at 607 East Highland Avenue, for a five-year period
10 beginning July 1, 1986 and ending June 30, 1991, a copy of which
11 is attached hereto, marked Exhibit "An and incorporated herein by
12 reference as fully as though set forth at length.
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the City of San
Ip Bernardino at an ad;ourned reqular
meeting thereof, held on
16 the 22nd day of
17 to wit:
18.
19
20 I
21
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24
25 of
26
December
, 1986, by the following vote,
AYES:
Council Members Estrada, Reilly, Hernandez.
Marks, Quiel, Frazier, Strickler
NAYS:
None
ABSENT:
None
The foregoing resolution is
~~~
/ CIty Clerk
approved this ,G-/C:'~ day
December
, 1986.
27 . ,Approved as to form:
281 ~~.:Il-IP~
City A~ey
12/11/86
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LEASE
(Agape House)
c>?b cL
(-~IS_ LEASE is entered into this
". ~~ ' 198'0/.' by and between the CITY OF SAN
BERNARDIINfl, a nicipal corporation, referred to as "Lessor",
,
and AGAW. HOUSE COUNSELING CENTER,
day of
INC., a Cal i fornia non-
profit corporation, referred to as "Lessee".
The parties agree as follows:
1.
Recitals.
(a) Lessor owns a certain parcel of real property
11 and structures generally located South of Highand Avenue, West
12 of Valencia Avenue.
13
(b)
Lessor does not now need nor does it con-
14 template the need or use of a portion of said property and
15 structures.
16
(c)
Lessee desires the use of a portion of said
17 property and structures located thereon, hereinafter referred
18 to as "premises".
19
2.
Property Leased. Lessor hereby leases and lets to
20 Lessee, and Lessee hires and leases from Lessor that certain
21 structure commonly known as 607 East Highland Avenue and the
22 garage to the rear, located upon the parcel of real property
23 more particularly described as follows:
24 The North 236 feet of the East 140 feet of the
25 West 308 feet of lot 5, Block 40 Rancho San Bernardino, as per
26 plat thereof recorded in Book 7 of Maps, page 2, records of the
27 County Recorder, San Bernardino County, State of California.
28
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TOGETHER WITH non-excl usi ve ingress and egress to
said building, garage, and present existing parking area by
means of an existing driveway located West of ,the above
described land and running from the Southwest corner thereof,
West to Crestview Avenue.
3.
Use. The premises shall be used for:
{a} Outpatient counseling
services to community
residents having problems with substance abuse and general
mental heal tho
{b} Providing a preventative and education pro-
gram designed to prevent drug abuse through the enhancement of
self-esteem and life coping skills.
{c} Providing a consultation, education and
information program designed to increase the community's
awareness of the problems of drug abuse and their solutions and
a referral base for medical, social, school and counseling
needs.
Lessee shalT not commi t, or all ow to be commi tted, any
waste or nuisance on the premises, nor shall it use or allow
the premises to be used for an unlawful purpose.
4. Term. The term of this lease shall be for a
--
period of five years, beginning July 1, 1986, and ending June
30, 1991.
5.
paymen ts.
Lessee agrees to pay and Lessor agrees
to accept as rental for the premi ses, for the complete term
hereof, a total payment of $5.00, payable upon execution of
this lease.
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6. Utilities. Lessee shall pay for all electricity,
gas, water, telephone service, and all other services and
utilities including service installation fees and charges which
may be provided to the premises during the term of this lease.
If Lessee desires additional utilities or utility services to
the premises, 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 assessments that may be
assessed or imposed upon the Lessee's possessory interest in
and to the premi ses and upon personal property located on the
premi ses. Duri ng Lessee's possession and use of the premi ses,
should any taxes or assessments thereon be assessed against
Lessor, Lessee agrees to indemni fy Lessor.
8. Ownership. Lessee hereby acknowledges and
accepts the title and paramount ownership and interest of
Lessor to the premi ses, and Lessee agrees not to clai m,
challenge or contest the title, ownership and entire interest
of Lessor.
9. Termination. This Lease shall be terminable at
the option of either party upon the service of six months
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 premi ses 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
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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 $70,000.00, and from lightning, vandalism, malicious
mischief, and such perils ordinarily defined as "extended
CO v era g e ", i n ami n i mum am 0 u n t 0 f $7 0,000.00. L e sse e a g r e e s
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 Insurance
Guide of "A" (General Policyholder) 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
1/1/
12/11/86
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as an additional rent installment for the month following the
date 0 n w hi c h s u c h pre m i u m i spa i d.
11. Maintenance and Operation. The Lessee is fam-
iliar 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 made, any alterations to the premises, or any part
thereof, without the prior written consent of Lessor. Any and
all alterations and improvements made to the premises pursuant
to this 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
Required by Law. 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, the parties agree as
follows:
(al 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.
(bl If the alterations, additions, or changes are
required as a result of the condition or nature of the premises
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1 at the time of execution of this lease, not caused by use of
2 the premises by Lessee, and relate to a portion of the premises
3 which Lessor has agreed to maintain and repair, Lessor will
4 make them and bear all expense connected therewith.
5 14. Destruction of Premi ses. If the whole of the
6 premises, or so much thereof as to render the remainder
7 unusable for the purposes for which the same was leased, shall
8 be partially or totally destroyed, then in such event Lessor
9 shall have the sole option to either reconstruct or repair the
10 premises, or to consider this lease terminated forthwith.
11 15. Inspection. Lessor, its agents, officers, or
12 employees may enter upon the premises at such reasonable times
13 during Lessor's normal business hours as it deems necessary for
14 the purpose of inspection of the premises to determine whether
15 the terms and conditions of this lease are being performed and
16 kept by Lessee.
17 16. Defaul ts. In the event Lessee shall be in defaul t
18 in the payment of rental s or other charges hereunder or shall
19 otherwise breach its covenants or obligations hereunder, and
20 shall be and remain in default for a period of 30 days after
21 notice from Lessor to it of such default, Lessor shall have the
22 right and privilege of terminating this lease and declaring the
23 same at an end, and of entering upon and taking possession of
24 the premises, and shall have the remedies now or hereafter
25 provided by law for recovery of rent, repossession of the
26 premises and damages occasioned by such defaul t. If such
27 default should occur, then Lessor shall have the right to take
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possession of and appropriate to itself without payment
therefor, any property of Lessee or anyone claiming under it,
then remaining on the premises.
17. Effect of Lessor's Waiver. Lessor's waiver of
breach of one term, covenant, or condition of this lease is not
a waiver of breach of others, nor of subsequent breach of the
one waived. Lessor's acceptance of rent installments after
breach is not a waiver of the breach, except of breach of the
covenant to pay the rent installment or installments accepted.
18. Lease Breached by Lessee's Receivership, Assign-
ment for Benefit of Creditors, Insolvency, or Bankruptcy.
Appointment of a receiver to take possession of Lessee's
assets, Lessee's general assignment for benefit of creditors,
or Lessee's insolvency or taking or suffering action under the
Bankruptcy Act is a breach of this lease and shall terminate
same.
19. Eminent Domain. If the whole of the premises, or
so much thereof as to render the remainder unusable for the
purposes for which the same was leased, shall be taken under
the power of eminent domain, then this lease shall terminate
as of the date possession shall be so taken. If less than the
whole of the premises shall be taken under the power of eminent
domain, and the remainder is usable for the leased purposes,
then this lease shall continue in full force and effect and
sha 11 not be termi na ted by vi rtue of such tak i ng and the
parties may waive the benefit of any law to the contrary, in
which event there shall be a partial abatement of the rent
hereunder in an amount equivalent to the prorated use of the
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remaining premises.
Any award made in eminent domain
proceedings for the taking or damaging of the premises in whole
or in part shall be paid to the Lessor (together with any other
money which shall be or may be made available for such
purpose) .
20. Hold Harmless.
Lessee shall
hold Lessor, its
elective and appointive boards, commissions, officers, agents
and employees harmless from any liability for damage or claims
for damage for personal injury, including death, as well as
from claims for property 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 and its elective and appointive boards,
commissions, officers and employees from any suits or actions
at law or in equity for damages caused, or alleged to have been
caused, by reason of any of the aforesaid operations.
21. Assignments. Lessee shall not assign this lease
or sublet the premises or any part thereof without obtaining
the prior written consent of the Lessor.
22. Validity.
or more of the terms,
If anyone
provisions, promises, convenants, 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
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affected thereby and shall be valid and enforceable to the
fullest extent permitted by law.
23. Lease Appl i cabl e to Successors, Etc.
Thi s lease
and the terms, covenants, and conditions hereof apply to and
are binding on the heirs, successors, executors, admini-
strators, and assigns of the parties.
24. Non- Di scri m i na ti on.
The Lessor hereby covenants
by and for i tsel f, its hei rs, executors, admi ni stra tors, 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 practices of discrimination or
segregation with reference to the selection, location, number,
use, or occupancy, or tenants, lessees,sublessees, subtenants,
or vendees in the premises herein leased.
25. Amendment.
This lease may be amended or modified
only by written agreement signed by both parties.
2 6 . B.!~~.!:..!!.H.!.~.!!..:.
will have this lease
Lessor
recorded in the offi ce of the County Recorder, San Bernardino
County, State of Cal ifornia, together with the appropriate
Resolution of the Governing Body of Lessor.
27. Notices.
All notices herein required shall be in
writing and delivered in person or sent by certified mail,
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postage prepaid, addressed as follows:
LESSOR
LESSEE:
City of San Bernardino
Real Property Section
300 North "0" Street
San Bernardino, CA. 92418
Agape House Counseling Center
607 East Highland Avenue
San Bernardino, CA. 92404
28. Time of Essence.
Ti me is of the essence herei n.
IN WITNESS WHEREOF, the parties hereto have executed
this lease on the day and year first above written.
"LESSOR"
ATTEST:
CITY OF SAN BERNARDINO
B"g~JJ~
~~
CYty C er
"LESSEE"
AGAPE HOUSE COUNSELING
CENTER, INC.
By: 0.. :.. rr ~.-\ "PI-D
Title: €:)le,...4;,,~ 1);V"ec~
Approved as to
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