HomeMy WebLinkAbout1979-050
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RESOLUTION NO. 71'- ..;ro
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH TROOP NO. 36, CALIFORNIA INLAND EMPIRE
COUNCIL, BOY SCOUTS OF AMERICA, FOR THE USE OF A CERTAIN BUILDING
AT 1215 WEST COLIMA ROADl AND REPEALING RESOLUTION NO. 79-13.
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 Troop No. 36, California Inland Empire Council, Boy
Scouts of America, for the use of a certain building at 1215
West Colima Road, a copy of which is attached hereto, marked
Exhibit "A" and incorporated herein by reference as fully as
though set forth at length.
SECTION 2. Resolution No. 79-13 is hereby repealed.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at
a /'/,//4)
day of !Yt'..~
, 1979, by the following
meeting thereof, held
on the 6T4-
vote, to wit:
AYES:
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NAYS:
ABSENT:
~he foregoing
of ~f- '
4/NM/ ~~4~
City Clerk
is hereby r t . . p?X day
1979.
Bernardino
resolution
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CiT) CL i:~I\I:<.S Gr:FJ;~,
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1
LEA S E
2
(Scout House)
this ,;<~ day of
3
4 .THIS
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LEASE is made and entered into
4
, 1979, by and between the CITY OF SAN BERNARDINO
5 a municipal corporation, hereinafter called "Lessor", and TROOP NO
6 36, CALIFORNIA INLAND EMPIRE COUNCIL, BOY SCOUTS OF AMERICA,
7 hereinafter called "Lessee".
8 WIT N ~ ~ S ~ ! !!:
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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19 I 1. Property Leased. Lessor herepy leases and lets to
20 Lessee, and the Lessee hereby accepts and leases from the Lessor,
21 a structure generally located on Lots 8 and 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"
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hereinafter provided.
3. Rent. Lessee agrees to perform, and Lessor agrees to
accept as rental for said premises, services as hereinafter set
forth.
4. Maintenance. Lessee agrees to maintain and keep in
good repair and condition the interior of said building during
the term of this Lease, normal wear and tear excepted. Lessor
agrees to maintain and keep in good repair and condition the
exterior of said building and the surrounding area.
5. Use. The use of said building during the term of this
lease shall be for the purpose of holding scout meetings for Troop
36, California Inland Empire Council, Boy Scouts of America. How-
ever, Lessor has the right to allow other public uses of the
premises when not in use by Lessee.
6. Alterations. Lessee shall not make, or suffer to be
made, any alterations of said building, 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.
7. 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.
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1 Lessor shall make the following improvements to the prem-
2 ises within sixty (60) days after the commenCement of the term of
3 this Lease:
4 (a) Install panic hardware.
5 (b) Install exit doors which swing out.
6 8. Inspections. Lessee shall permit Lessor and its
7 agents to enter into and upon said building at all reasonable
8 times for purposes of inspecting the same or for purposes of mak-
9 ing repairs, alterations, or additions thereto.
10 9. Liens. Lessee agrees to keep the premises free and
11 clear of any liens that might arise from the making of any re-
12 pairs or other maintenance, and to hold harmless Lessor therefrom.
13 10. Destruction of Premises. If said building is partially
14 or totally destroyed so that it is no longer fit for the use
15 designated in this Lease through no fault of Lessee, then in such
16 event Lessor shall have the sole option to either reconstruct or
17 repair said building within ninety (90) days, or such greater
18 time as mutually agreed by the parties hereto, or to consider
19 this Lease terminated forthwith.
20 11. Sanitary Condition of Premises. Lessee shall keep and
21 maintain the exterior and interior of said building, and the
22 surrounding area thereof, in a clean and sanitary condition at
23 all times during the term of this lease.
24 12. Hold Harmless. This Lease is made upon the express
25 condition that Lessor shall be kept free and harmless from any
26 and all liabilities and claims for damages and/or suits of any
27 kind whatsoever arising out of the use of said building or any
28 area of said real property used or occupied by Lessee and its
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2 agrees and covenants to indemnify and save harmless Lessor and
1 agents, officers, employees, guests or visitors. Lessee hereby
3 its agents, officers, employees, guests or visitors from all
4 liabilities, charges, expenses (including counsel fees) and costs
5 on account of or by reason of any injuries, liabilities, claims,
6 suits or losses, however occurring, or damages arising out of the
7 same, connected with the use of said building or Lessee's opera-
8 tions under this Lease, or by the use or occupancy of any other
9 area or grounds during the term of this Lease by its personnel,
10 volunteers or guests.
11
13. Approval of Rules, Regulations and Fees. All rules
12 and regulations relating to the use of said building or fees to be
13 charged for the use of the building, during the term of this
14 Lease as promulgated or adopted by the Lessee, from time to time,
15 shall be subject to the prior written approval of Lessor.
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17 shall be construed as waiving any of Lessor's rights under the
14. No Implied Waiver. Nothing contained in this Lease
18 laws of the State of California.
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I allow
15. Compliance with Laws. Lessee shall not violate, nor
the violation of, any law of the City, state or federal
government or
Ithis Lease.
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rules of City in conducting its operations under
16.
No Sublease nor Assignment.
Lessee shall not sublet
said building, nor any part thereof, or assign this Lease, without
Lessor's prior written consent.
17. Default. Lessor shall have the right of immediate
27 termination of this Lease and of immediate occupancy of the leased
28 premises in the event Lessee violates any term or condition hereof
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.
.
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1 and such immediate termination shall not relieve Lessee from
2 liability for damages for breach of Lease or for injury to the
3 leased premises.
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18. Termination. A thirty day written notice of termina-
5 tion of this Lease by either party may be given to the other
6 party, and this Lease shall terminate thirty days thereafter.
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19. Amendment. This Lease may be amended or modified only
8 by written agreements signed by both parties and failure on the
9 part of either party to enforce any provision of this Lease shall
10 not be construed as a waiver of the right to compel enforcement
11 of such provision or provisions, nor act to release any surety
12 from its obligations under this Lease.
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20. Notices. All notices herein required shall be in
14 writing and delivered in person or sent by certified mail, postage
15 prepaid, addressed as follows:
16
"Lessor"
IILessee"
17
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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21. Covenants. There are no covenants or warranties other
21 than those expressed herein.
22 IN WITNESS WHEREOF, the parties hereto have executed this
23 Lease on the day and year first hereinabove written.
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24 CITY OF SAN
ATTEST:
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e-~ty C erk
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t:T
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TROOP NO. 36, CALIFORNIA INLAND
EMPIRE COUNCIL, BOY SCOUTS OF
AMERICA / / j
By ~ (/(f AL<~~L-
By )(ufL,,/ :J-A'4~~~
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