HomeMy WebLinkAbout1979-019
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RESOLUTION NO. '19-/9
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH SANTA CLAUS, INC. FOR CERTAIN PREMISES
3 LOCATED ON THE SOUTH SIDE OF SEVENTH STREET NEAR WATERMAN AVENUE.
4 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
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hereby authorized and directed to execute on behalf of said City
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a Lease with Santa Claus, Inc. for certain premises located on the
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south side of Seventh Street near Waterman Avenue, a copy of
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which is attached hereto, marked Exhibit "An and incorporated
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herein by reference as fully as though set forth at length.
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a t(rO~n(Y/fJ.rf2n Ofj/,t.n ~) meeting thereof, held
on the ~ day of rlnmnn1:!}-_' 1979, by the following
vote, to wit:
AYES: Councilmen (//4J/r1ih D rPO-.9 b }A(J(J aft.J]fJ~
(JeJllJJ>{) I #./fP/J<J71'l; ~ )~hJJUI()
NAYS: Yh-n Q... .... .. . .
ABSENT: . ---J:7~rvr. 'C
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The foregoing
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of 30MA!D.!0}'
resolution is
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1979.
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FILED
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CITY CLERi<S OFriCE
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LEASE
(Assembling and Distribution of Christmas TOys)
THIS LEASE is made and entered into this ' 1& ~ day of
'~#11.,,-
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, 1979, by and between the CITY OF SAN
BERNARDINO, a municipal corporation, hereinafter called "Lessor",
and SANTA CLAUS, INC., a corporation, hereinafter called "Lessee".
WIT N E SSE T H:
1. Term. The term of this Lease is for three years,
commencing upon the execution of this agreement, and terminating
on ,4pt2.J t-
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,19ft.
If.
2. Rent. The total rent of this Lease is the sum of
one dollar ($1.00) per year, payable upon execution of this Lease
and each year thereafter during the term hereof.
3. Description of Premises. Lessor leases to Lessee, and
Lessee hires from Lessor, as herein provided, the premises
located on the south side of Seventh Street near Waterman Avenue,
in the City of San Bernardino, County of San Bernardino, State of '
California, and described more particularly as follows:
All that portion of Lot 3, Block 4, of the Rancho
San Bernardino, recorded in Book 7 of Maps, page
2, records of the County Recorder of San Bernardino
County, described as follows:
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Commencing at the northwest corner of the East 1/2
of said Lot 3; thence southerly along the West line
of the East 1/2 of said Lot 3 a distance of 172
feet to the true point of beginning; thence con-
tinuing southerly along the West line of the East
1/2 or said Lot 3, a distance 100 feet; thence
Easterly at right angles a distance of 60 feet;
thence northerly and parallel to the West line of
the East 1/2 of said Lot 3, a distance of 100 feet;
thence westerly at right angles a distance of 60
feet to the point of beginning.
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EXHIBIT "A"
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4. Use of Premises. The premises are leased to the
2 Lessee for the use of the collection, repairing, assembling and
3 distribution of Christmas toys and equipment.
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5. Payment of Utilities. Lessee shall pay for all
5 utilities furnished the premises for the term of this Lease,
6 including electricity, gas, water, rubbish removal, and telephone
7 service.
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6. Duty to Maintain and Repair Premises. Lessee agrees,
9 at its own expense, to maintain the leased premises and appurten-
10 ances thereto in good repair, and in at least as good condition
11 as that in which they were delivered, allowing for ordinary wear
12 and tear.
13 7. Lessor's Written Approval Required for Alterations of
14 Premises. Lessee shall not have the right to make any alterations
15 improvements, or additions to the leased premises without first
16 obtaining the prior written consent of Lessor.
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8. No Waste, Nuisance, or Unlawful Use. Lessee shall not
18 commit, or allow to be committed, any waste on the premises, or
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nuisance, nor shall it use or allow the premises to be used for
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an unlawful purpose.
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9. Improvements. All improvements made to the premises
22 by Lessee shall remain the property of Lessee, and may be removed
23 by Lessee upon the termination of this Lease.
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10. Lessee to Carry Liability Insurance. Lessee agrees to
25 procure and maintain in force during the term of this Lease and
26 any extension thereof, at its expense, public liability insurance
27 in companies and through brokers approved by Lessor, adequate to
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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 one hundred thousand dollars
($100,000) for each person injured, three hundred thousand
dollars ($300,000) for anyone accident, and twenty-five thousand
dollars ($25,000) for property damage. Such insurance policies
shall provide coverage for Lessor's contingent liability on such
claims or losses. A certificate of insurance shall be delivered
to Lessor. Lessee agrees to obtain a written obligation from the
insurers to notify Lessor in writing at least thirty (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 entire 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
Lessor.
11. Property TaxatiOn. Lessee recognizes and understands
that this lease may create a possessory interest subject to
property taxation and that the Lessee may be subject to the pay-
ment of property taxes levied on such interest. Lessee agrees to
and shall hold harmless the City, its elective and appointive
boards, commissions, officers, agents and employees from any and
lall liability for any such taxes.
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12. No Use that Increases Insurance Risk. Lessee agrees
not to use the premises in any manner, even in its use for the
purposes for which the premises are leased, that will increase
risks covered by insurance on the building where the premises
are located, so as to increase the rate of insurance on the pre-
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mises, or to cause cancellation of any insurance policy covering
the building. Lessee further agrees not to keep on the premises,
or permit to be kept, used, or sold thereon, anything prohibited
by the policy of fire insurance covering the premises. Lessee
agrees to comply with all requirements of the insurers applicable
to the premises necessary to keep in force the fire and public
liability insurance covering the premises and building at its
own expense.
13. No Assignment or Sublease Without Lessor's Consent.
Lessee shall not assign this lease, or any interest therein, or
sublet the leased premises, or any part thereof, or any right or
privilege appurtenant to it, or allow any person other than Lessee
and its agents and employees to occupy or use the premises or any
part of them, without first obtaining Lessor's written consent
thereto. Lessor's consent to one assignment, sublease, or use
shall not be a consent to any subsequent assignment or sublease,
or occupancy or use by another person. Any unauthorized assign-
ment or sublease shall be void, and shall terminate this Lease
at the Lessor's option. Lessee's interest in this Lease is not
assignable by operation of law without Lessor's written consent.
14. Lesso'r's Entry for Inspection. Lessor reserves the
right to enter on the premises at reasonable times to inspect
them.
15. Eminent Domain: Condemnation of Entire Premises. In
the event that all of the demised premises be taken or condemned
for any public or quasi-public use, this Lease shall terminate
as of the date of said taking. The award for such taking of said
premises shall belong to Lessor.
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16. Lessee to Hold Harmless. Lessee hereby agrees to,
and 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 agreement, whether
such operations be by Lessee or by anyone or more persons
directly or indirectly employed by or acting as agent for Lessee.
Lessee agrees to and shall defend Lessor and its elective and
appointive boards, commissions, officers, agents 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 Lessee's
operations hereunder.
17. Termination. The Lease may be terminated by either
of the parties hereto by the giving of thirty (30) days' advance
written notice of said termination.
18. Amendment. This Lease may be amended or modified only
by written agreements signed by both parties and failure on the
part of either party to enforce any provision of this Lease shall
not be construed as a waiver of the right to compel enforcement of
such provision or provisions, nor act to release any surety from
. its obligations under this Lease.
19. Notices. All notices herein required shall be in
writing and delivered in person or sent by first class mail,
postage prepaid, addressed as follows:
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Santa Claus, Inc.
P. O. Box 2642
San Bernardino, CA
IN WITNESS WHEREOF, the parties hereto have executed this
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Lease on the date first hereinabove written.
ATTEST:
.A W#/~ .
C1 ty ~erk C&uth..,
SANTA CLAUS, INC.
AJ
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NAMI AND ADDRESS or AGENCY
COMPANIES AFFORDING COVERAGES
CALDWELL & HUNT
1299 "E" STREET - 884-8811
P.O. BOX 2456
SAN BERNARDINO, CA. 92406
'Santa Claus Inc. of Greater San
Bernardino
P.O. Box 2642
San Bernardino, Ca., 92406
COMPANY A
lHHR
COMPANY B
nTTER
COMPANY C
LETTER
COMPANY D
LETTER
COMPANY E
LETTER
The Aetna Casualty & Surety Canpany
NAME AND ADDRESS OF INSURED
COMPANY
lETTER
This is to certify that pOlicies of insurance listed below have been issued to the insured named above and are in force at this time.
POLICY
EXPIRATION DATE
limits of liabilit in Thousan 5
EACH
OCCURRENCE
AGGREGATE
TYf'[ OF INSURANCE
POlley NUMBER
GENERAL LIABILITY
$
300,
BODilY INJURY
$
300,
A
o COMPREHENSIVE FORM
~REMISES-oPERATJONS
o EXPlOSION AND COLLAPSE
HAZARD
o UNDERGROUND HAZARD
o PRQDUCTS/cOMPlETED
OPERATIONS HAZARD
o CONTRACTUAL INSURANCE
o BROAD FORM PROPERTY
DAMAGE
o INDEPENDENT CONTRACTORS
o PERSONAL INJURY
PERSONAL INJURY
$
12/16/79
86 8M C177012 FCA
PROPERTY DAMAGE $
$
50,
50,
BODll Y INJURY AND
PROPERTY DAMAGE $
COMBINED
$
AUTOMOBILE LIABILITY
BODll Y INJURY
(EACH PERSON)
BODilY INJURY
(EACH OCCURRENCE)
PROPERTY DAMAGE
BODilY INJURY AND
PROPERTY DAMAGE
COMBINED
$
$
o COMPREHENSIVE FORM
DOWNED
o HIRED
o NON.()WNED
$
$
EXCESS LIABILITY
o UMBREllA FORM
o OTHER THAN UMBREllA
FORM
BODILY INJURY AND
PROPERTY DAMAGE
COMBINED
$
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WORKERS' COMPENSATION
and
EMPLOYERS' LIABILITY
OTHER
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(1IlCH-'CCIOEI>lTl
DESCRIPTION OF OPERATlONSIlOCATIONSNEHIClES
Warehouse located at 225 E. 7th Street, San Bernardino, Ca.
Building located on property leased fraIl the City of San Bernardino
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com-
pany will endeavor to mail --l.O.- days written notice to the below named certificate holder. but failure to
mail such notice shall impose no obligation or liability of any kind upon the company.
NAME AND ADDRESS OF CERTIFICATE HOlDER:
City of San Bernardino
City Hall
San Bernardino, California
DATE ISSUED:
AUTHORIZED REPRESENTATIVE
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ACORD ~5 fEd 2.77)