HomeMy WebLinkAbout1979-013
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1 RESOLUTION NO. 7q-/3
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH TROOP NO. 36, CALIFORNIA INLAND EMPIRE
3 COUNCIL, BOY SCOUTS OF AMERICA, FOR THE USE OF A CERTArN BUILDING
AT 1215 WEST COLIMA ROAD:
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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 Troop No. 36, California Inland Empire Council, Boy
9 Scouts of America, for the use of a certain building at 1215 West
10 Colima Road, a copy of which is attached hereto, marked Exhibit lOA'
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and incorporated herein by reference as fully as though set
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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
Bernardino at a ad;O(jRm~~J7If}41 //l.t1J meeting thereof, held
on the ~ day of ~/.nLj/l~ ' 1979, by the following
vote, to wit:
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AYES: Councilmen (biJ in m f.. rRn -' &.) /J (n Pfl 1(:;, fT~f'T7l/1J.
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NAYS: ~~
ABSENT: '-1Jrrn I(
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City Clerk
The foregoing resolution is hereby approved t ~ day
ri/fl/l:J-' 1979.
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of
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CITY CLERKS OFFICE;
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LEA S E
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(Scout House)
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THIS LEASE is made and entered into this
day of
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, 1979, by and between the CITY OF SAN
5 BERNARDINO, a municipal corporation, hereinafter called "Lessor",
6 and TROOP NO. 36, CALIFORNIA INLAND EMPIRE COUNCIL, BOY SCOUTS OF
7 AMERICA, hereinafter called "Lessee".
8 WIT N E SSE T H:
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9 WHEREAS, Lessor is the owner of that certain parcel of
10 property hereinafter described; and
11 WHEREAS, Lessee has used said premises since 1973 for a
12 club house for Boy Scout activities; and
13 WHEREAS, the parties hereto now desire to enter into a
14 written lease setting forth the duties and responsibilities of
15 each party as to the use of the premises,
16 NOW, THEREFORE, for and in consideration of the mutual
17 covenants, promises and agreements herein contained, Lessor and
18 Lessee hereby agree as follows:
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20 Lessee, and the Lessee hereby accepts and leases from the Lessor,
1. Property Leased. Lessor hereby leases and lets to
21 a structure generally located on Lots Sand 9, Tract 3525, as per
22 plat thereof recorded in Book 46 of Maps, page 55, records of the
23 County Recorder of San Bernardino County, State of California
24 and located at the southeast corner of Colima Road and Garner
25 Avenue in the City of San Bernardino.
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2. Term. The term of this lease shall be for a period of
27 five (5) years commencing upon the execution of this Lease, and
28 terminating five years thereafter, unless sooner terminated as
EXHIBIT "A"
1 hereinafter provided.
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3. Rent. Lessee agrees to perform, and Lessor agrees to
3 accept as rental for said premises, services as hereinafter set
4 forth.
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4. Utilities. Lessee covenants and agrees to pay, before
6 delinquency, all bills for utilities, including gas, electricity,
7 and telephone, furnished to said building during the term of this
8 Lease and to hold Lessor harmless therefrom. Lessor covenants
9 and agrees to pay all charges for refuse collection. Lessee
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agrees to pay four dollars ($4.00) per month, quarterly in advance
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I for water furnished to said premises, and Lessor shall pay the
balance thereof.
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5. Maintenance.
Lessee agrees to maintain and keep in
14 good repair and condition the interior of said building during the
15 term of this lease, normal wear and tear excepted. Lessor agrees
16 to maintain and keep in good repair and condition the exterior of
17 said building and the surrounding area.
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6. Use. The use of said building during the term of this
19 lease shall be for the purpose of holding scout meetings for Troop
20 36, California Inland Empire Council, Boy Scouts of America. How-
21 ever, Lessor has the right to allow other public uses of the
22 premises when not in use by Lessee.
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7. Alterations. Lessee shall not make, or suffer to be
24 made, any alterations of said building, or any part thereof,
25 without the written consent of Lessor first had and obtained; and
26 any addition or alterations pursuant to said written consent shall
27 become the property of Lessor upon the termination of this lease.
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8. Improvements. Lessee shall make the following improve-
ments to the premises within fifteen (15) days after the commence-
ment of the term of this lease:
(a) Install fire exit signs at every required exit
doorway. Each exit sign shall have letters at least five (5)
inches in height and clearly distinguishable.
(b) Install minimum 2A 10 B/C fire extinguisher as
required by the Uniform Fire Code.
Lessor shall make the following improvements to the premise
within sixty (60) days after the commencement of the term of this
lease:
(a) Install panic hardware.
(b) Install exit doors which swing out.
9. Inspections. Lessee shall permit Lessor and its
agents to enter into and upon said building at all reasonable
times for purposes of inspecting the same or for purposes of makin
repairs, alterations, or additions thereto.
10. 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.
11. Destruction of Premises. If said building 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
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event Lessor shall have the sole option to either reconstruct or
repair said building within ninety (90) days, or such greater
time as mutually agreed by the parties hereto, or to consider this
lease terminated forthwith.
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12. Sanitary Condition of Premises. Lessee shall keep and
2 maintain the exterior and interior of said building, and the
3 surrounding area thereof, in a clean and sanitary condition at
4 all times during the term of this lease.
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13. Taxes. Lessee shall pay, prior to delinquency, all
6 taxes and assessments which may be levied upon furniture and other
7 personal property owned or used by Lessee upon the premises during
8 the term of this lease.
9 Lessee recognizes and understands that this lease may
10 create a possessory interest subject to property taxation and that
11 ,the Lessee may be subject to the payment of property taxes levied
12 on such interest. Lessee agrees to and shall hold harmless the
13 City, its elective and appointive boards, commissions, officers,
14 agents and employees from any and all liability for any such taxes
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14. Fire Insurance. Lessee hereby agrees and covenants to
16 procure and maintain a policy of fire insurance for the benefit
17 of Lessor to cover said building in a minimum face amount of ten
18 thousand dollars ($10,000.00).
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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
I and all loss, damage or liability of whatsoever nature arising out
10f or in connection with the use or operation of said building
during the term of this lease, or the activities of the Lessee or
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1 agents, officers, or employees of the Lessee upon the premises
2 leased hereunder. The limits of liability on any policy of public
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liability and property damage shall not be less than one hundred
thousand dollars ($100,000.00) for injury or death of one person,
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three hundred thousand dollars ($300,000.00) for injury or death
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of more than one person, and twenty-five thousand dollars
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($25,000.00) for property damage.
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Lessee shall pay, prior to delinquency, any and all pre-
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miums or other expenses in connection with the furnishing of
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insurance as provided for in paragraphs 14 and 15, and shall de-
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liver to Lessor policies evidencing the insurance procured under
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i the terms hereof, or to deliver in lieu thereof certificates of
I coverage from the insurance company or companies writing said
I policy or policies of insurance.
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Furthermore, said policies or
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certificates shall contain endorsements providing that the
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insurance company shall not cancel such policies without thirty
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I (30) days I prior written notice to Lessor.
'I 16. Hold Harmless. This lease is made upon the express
condition that Lessor shall be kept free and harmless from any
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and all liabilities and claims for damages and/or suits of any
'kind whatsoever arising out of the use of said building or any
I area of said real property used or occupied by Lessee and its
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i 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
Ion account of or by reason of any injuries, liabilities, claims,
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I suits or losses, however occurring, or damages arising out of the
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1 same, connected with the use of said building or Lessee's opera-
2 tions under this lease, or by the use or occupancy of any other
3 area or grounds during the term of this lease or its personnel,
4 volunteers or guests.
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17. Approval of Rules, Regulations and Fees. All rules
and regulations relating to the use of said building or fees to be
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charged for the use of the building, during the term of this
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lease as promulgated or adopted by the Lessee, from time to time,
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shall be subject to the prior written approval of Lessor.
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lB.
Nothing contained in this lease
No Implied Waiver.
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I shall be construed as waiving any
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I laws of the State of California.
19. Compliance with Laws.
Lessee shall not violate, nor
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of Lessor's rights under the
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allow the violation of, any law of the City, state or federal
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government or rules of City in conducting its operations under
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this lease.
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I said
building, nor any part thereof, or assign this lease, without
20. No Sublease nor Assignment. Lessee shall not sublet
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19 Lessor's prior written consent.
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21. Default. Lessor shall have the right of immediate
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termination of this lease.and of immediate occupancy of the leased
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premises in the event Lessee violates any term or condition hereof
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and such immediate termination shall not relieve Lessee from
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liability for damages for breach of lease or for injury to the
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leased premises.
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,22. Termination. A thirty day written notice of terminatio
IOf this lease by either party may be given to the other party, and
Ithis lease shall terminate thirty (30) days thereafter.
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23. Amendment. This lease may be amended or modified only
2 by written agreements signed by both parties and failure on the
3 part of either party to enforce any provision of this lease shall
4 not be construed as a waiver of the right to compel enforcement
5 of such provision or provisions, nor act to release any surety
6 from its obligations under this lease.
24. Notices. All notices herein required shall be in
8 writing and delivered in person or sent by certified mail, postage
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9 prepaid, addressed as follows:
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"Lessorll
"Lessee"
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City of San Bernardino
Park & Recreation Dept.
300 North "D" Street
San Bernardino, CA 92418
Boy Scouts of America,
Troop 36
1215 North Colima Road
San Bernardino, CA
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!! lease on the day and year first hereinabove written.
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25. Covenants. There are no covenants or warranties other
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those expressed herein.
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IN WITNESS WHEREOF, the parties hereto have executed this
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CITY OF SAN
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TROOP NO. 36, CALIFORNIA INLAND
EMPIRE COUNCIL, BOY SCOUTS OF
AMERICA
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By
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By
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