HomeMy WebLinkAbout1979-326 1 RESOLUTION NO. ~9
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH JEROME LEWIS RELATING TO THE USE OF
3 PREMISES AS THE WESTSIDE DROP-IN CENTER.
q ~ 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
6 ~
7 Thereby authorized and directed to execute on behalf of said City
g a Lease with Jerome Lewis relating to the use of premises as the ~
9 iWestside Drop-In Center, a copy of which is attached hereto,
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l0 marked Exhibit "I" and incorporated herein by reference as i
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11 'fully as though set forth at length.
12 i I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Common Council of the City of San
14 ~ Bernardino at a ~ meeting thereof, held
15 lion the day of / 1979, by the following
16 ~ vote, to wit:
]7 AYES: Councilmen JAbit.•o.L~ /e~ p~' ~w.b.r, s
19 NAYS : ,/y~~_p J l/ ,
20 ABSENT: /y/~p/
21 _
22 / Chi
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23 I T e foregoing resolution is hereby appro t ~ day
24 I of 1979.
25 I
City o San Bernar ino
26 ,Approved as to form:
27
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28 City A orney
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1 L E A S E
2 (Westside Drop-In Center)
3 THIS LEASE is made and entered into this day of ~
4 j , 1979, by and between JEROME LEWIS, an
5 iindividual, hereafter referred to as "Lessor", and the CITY OF
6 ,SAN BERNARDINO, a municipal corporation, hereafter referred to
7 as "Lessee". ~
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8 W I T N E S S E T H: j
9 The parties agree as follows:
10 i 1. Premises. For and in consideration of the covenants,
11 provisions, agreements and lease payments hereinafter set forth,
12 ]Lessor does hereby lease unto Lessee and Lessee does hereby lease
13 (from Lessor, the property hereinafter referred to as 2002 North
14 Mt. Vernon Avenue, San Bernardino, California. The premises lease
15 hereunder consist of the southern portion of the building and the
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16 Parking area adjacent to the building as shown on the map attached]
17 hereto marked Exhibit "A", and incorporated Herein as though set
18 forth in full and at length.
19 2. Term. The term of this lease shall be for a period of
20 twelve (12) months beginning August 1, 1979, and ending at midnigh
July 31, 1980, unless sooner terminated as provided herein.
21
22 3. Lease Payments. The lease payments for said premises
23 for the full term of the twelve (12) months shall be two thousand
24 three hundred forty dollars ($2340.00), payable in one (1) payment
25 of three hundred ninety dollars ($390.00) on August 10, 1979, and
26 ten (10) equal monthly payments of one hundred ninety-five dollars
27 i($195.00) each, commencing on September 10, 1979, and continuing
28 thereafter on the tenth (10th) day of each and every succeeding
it
1 'month until the total lease payments are made for the term of
2this agreement.
3 4. Maintenance. Lessor shall maintain and keep in good
4 repair the roof and exterior walls, doors, windows and appurten- ~
5 antes. Lessee shall maintain and keep in good repair the interior
6 (portion of the building on said premises. Lessee shall retain the
~ fright to make any necessary repairs to exterior of premises not
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8 performed by Lessor within a reasonable period and to charge
9 (Lessor for actual costs incurred. ~I
to j 5. Utilities. Lessee shall pay for all utilities, includ-
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ll ling electrical, gas, water, sewer charges, rubbish removal, and
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t2 'telephone service furnished to the premises for the lease term.
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13 jLessee shall be responsible for all custodial services for the I
14 interior space of the building occupied by Lessee. Lessor shall
15 be responsible for and pay all costs for other custodial services
16 supplied to the premises.
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17 6. Taxes. Lessor shall pay all tars and assessments '
18 (that may be imposed upon the leased premises occupied by Lessee.
19 Fixtures. Lessee may install fixtures in the premises
20 during the term hereof, and upon the termination of this lease,
21 Lessee may remove from said premises all fixtures installed by
22 Lessee, provided that said fixtures may be removed without strut-
; tural damage to the premises. Lessee retains the option of leavin
23
24 any and all such fixtures installed in premises by Lessee.
25 I 8. Surrender of premises. At the end of the lease
26 term, or sooner termination of this lease, Lessee shall surrender
27 possession of the premises in as good condition as reasonable use
28 and wear thereof will permit. Upon surrender of the premises,
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I Lessee shall remove all signs and symbols placed on the premises '
2 Iby Lessee and restore those portions of the premises on which
3 'they were placed to the same condition as before installation of
4 ',said signs and symbols.
5 9. Sooner Termination. Either party to this lease may
6terminate the lease by giving ninety (90) days advance written
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7 inotice to the other party, and, thereafter, at the end of said
8 ininety (90) days this lease shall terminate.
9 10. Insurance. Lessor shall maintain at its expense,
t0 (adequate fire insurance for the leased premises for the term of
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11 this lease.
t2 11. Hold Harmless. Each of the parties hereto shall
13 hold the other, their elective and appointive boards, commissions,
l4 officers, agents and employees harmless from any liability for
l5 damage or claims for damage for personal injury, including death,
16 as well as from claims for property damage which may arise from
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17 that party's operations in, on or about the leased premises.
t8 12. Assignment. This lease shall not be assignable by
19 either party hereto without the prior written consent being first
20 obtained from the other party.
21 13. Heirs, Successors, Etc. That each and all of the
22 conditions, covenants and agreements herein contained shall
23 inure to the benefit of the parties hereto and shall apply to
24 and bind the said parties, their respective successor or
29 successors in interest, assigns, sub-lessees and any other
26 person or persons who may come into ownership or possession of
27 (said premises, or any part thereof, in any manner whatsoever.
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1 14. Amendment. This lease may be amended or modified I
2 'ionly by written agreements signed by both parties and failure
g ion the part of either party to enforce any provision of this
4 (lease shall not be construed as a waiver of the right to compel ~
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5 ',enforcement of such provision or provisions, nor act to release i
6 ',any surety from its obligations under this lease.
7 15. Notices. All notices herein required shall be in
8 !writing, and delivered in person or sent by first class mail, ~
9 'Ilpostage prepaid, addressed as follows:
10 City of San Bernardino Mr. Jerome Lewis I
300 North "D" Street 2002 North Mt. Vernon Ave.
11 San Bernardino, CA 92418 San Bernardino, CA 92405
12 16. Time is of the Essence. Time is hereby made the
13 essence of this lease, and each and every part thereof.
14 IN WITNESS WHEREOF, the parties hereto have subscribed
15 their names the day and year first above written.
16 "Lessor"
17 ~,Q~zO~~ ~/~S~-i NeL~
18 JEROME LEWIS
19
20 "Lessee"
21 CITY OF SAN BERNA DIN
ATTEST:
22
23 ~ ~ or
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24 Approved as to form:
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