HomeMy WebLinkAbout1984-485
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RESOLUTION NO. 84-485
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH GEORGE AGUILAR FOR CERTAIN REAL PROPERTY
LOCATED AT 637 NORTH MT. VERNON AVENUE (FOR A TERM OF TWO MONTHS)
AND FOR CERTAIN REAL PROPERTY LOCATED AT 645 NORTH MT. VERNON
AVENUE (FOR A TERM OF TEN MONTHS) FOR A COMMUNITY POLICE CENTER.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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II SECTION 1. The Mayor of the City of San Bernardino is hereby
ilauthorized and directed to execute on behalf of said City a Lease
Ilwith George Aguilar for certain real property located at 637
IINorth Mt. Vernon Avenue (for a term of two months) and for certain
I real property located at 645 North Mt. Vernon Avenue (for a term
IOf ten months) for a Community Police Center, a copy of which is
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I attached hereto, marked Exhibit "A" and incorporated herein by
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I reference as fully as though set forth at length.
[ I HEREBY CERTIFY that the foregoing resolution was duly
III adopted by the Mayor and Common Council of the City of San
IBernardino at a regular meeting thereof, held on
,the 19th day of November , 1984, by the following vote,
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II to
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~M~ (lf1uJ ~ ~
~ City erk 'bt-.
hereby approved o? ,~A..j'- day
wit:
Council Members
:R.eilll/',
Quiel,
Frazipr
~lrarks I
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AYES:
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strickler
NAYS:
None
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ABSENT:
Council Hembers CA.stanecIa, Hernandez
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II of
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II Approved as to form:
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j Cay Uorn.y
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The foregoing resolution is
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November
, 1984.
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LEA S E
2 (Community Police Center)
3 THIS LEASE is made and entered into effective as of
4 November 1, 1984, by and between GEORGE AGUILAR, ("Landlord") and
5 the CITY OF SAN BERNARDINO, ("City"), a municipal corporation.
6 Landlord and City agree as follows;
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1. Recitals.
A. Effective March 8, 1984, Landlord and City entered
9 into a lease for real property located at 637 North Mt. Vernon
10 Avenue for a Police Community Service Office, which lease expired
11 September 7, 1984.
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B. Landlord is the owner of the premises described above
13 and of the premises described as 645 North Mt. Vernon Avenue in
14 the City of San Bernardino. In lieu of the premises located at
15 637 North Mt. Vernon Avenue, Landlord desires to lease said 645
16 North Mt. Vernon Avenue premises to City for use as a Police
17 Community Service Office by the Police Department of City upon
18 Landlord making certain improvements to said property as
19 hereinafter described.
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C. City desires to lease the premises located at 645 North
21 Mt. Vernon Avenue from Landlord upon Landlord making those certain
22 improvements, and until such time, City desires to continue
23 leasing the premises located at 637 North Mt. Vernon Avenue.
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2. Description of Premises. Landlord leases to City, and
25 City lets from Landlord, as herein provided, the premises located
26 at 637 North Mt. Vernon Avenue, City of San Bernardino, County of
27 San Bernardino, State of California, and appurtenant rights until
28 such time as Landlord has completed all improvements to be made to
1 the real property located at 645 North Mt. Vernon Avenue. Upon
2 the completion of all improvements as hereinafter described, City
3 shall vacate the premises located at 637 North Mt. Vernon Avenue.
4 and enter upon the premises located at 645 North Mt. Vernon Avenue
5 and all appurtenant rights. Landlord agrees that all improvements
6 to the 645 North Mt. Vernon Avenue premises shall be made by
7 January 1, 1985, and understands that time is of the essence to
8 this contract. City shall have full and unimpaired access to the
9 premises at all times and the nonexclusive right to use common
10 areas, including parking areas.
11 3. Term. The term of this lease is one year, beginning
12 November 1, 1984, and ending October 31, 1985.
13 4. Rent. The total rent of this lease is the sum of THREE
14 THOUSAND FOUR HUNDRED DOLLARS ($3,400). Said rental shall be paid
15 as follows: City agrees to pay Landlord Two Hundred Dollars
16 ($200) per month during the months of November and December, 1984,
17 for the lease of the premises located at 637 North Mt. Vernon
18 Avenue, payable on the first day of each month. Commencing on the
19 first day of January, 1985, City agrees to pay Landlord Three
20 Hundred Dollars ($300) per month for the remainder of the term,
21 January through October, for the lease of the premises located at
22 645 North Mt. Vernon Avenue, payable on the first day of each
23 month during the remaining term of the lease.
24 5. Use of Premises. The premises are leased to be used as
25 and for a community police center or for any other lawful public
26 I purpose. City agrees to restrict its use to such purposes, and
27 not to use or permit the use of the premises for any other purpose
28 without first obtaining the consent in writing of Landlord.
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1 6. Payment of Utilities. City shall pay for all utilities
2 furnished the premises for the term of this lease, including
3 electricity, gas, water, rubbish removal and telephone service.
4 7. Duty to Maintain and Repair Premises. City shall
5 maintain all interior portions of the premises in good condition
6 and shall keep windows and doors in good repair. The Landlord
7 shall be responsible for the exterior of the building, except
8 windows and doors. City shall be liable for any damage above
9 ordinary wear and tear to the interior of the premises resulting
10 from the act or omission of the City or its authorized
11 representatives, but not from other persons.
12 8. Fixtures. City shall have the right to install such
13 fixtures as are necessary for the proposed use of the premises,
14 and such fixtures shall not become a part of the real property.
15 9. Alterations of Premises. City acknowledges that the
16 premises located at 637 North Mt. Vernon are in satisfactory
17 condition for the purpose of a community police center, and that
18 no alterations of these premises are contemplated by either City
19 or Landlord. However, commencing November 8, 1984, Landlord
20 agrees to make alterations to. the premises located at 645 North
21 Mt. Vernon Avenue, and to complete said alterations on or before
22 January 1, 1985. Such alterations shall include, but need not be
23 limited to, the following: any and all improvements necessary to
24 bring the premises up to all applicable codes, and a new facade.
25 10. Option to Renew. Landlord grants City an option to
26 renew this lease for a period of one year after the expiration
27 of its original term, on the same terms as this lease. City shall
28 give Landlord written notice of its election to renew at least
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I thirty days prior to the expiration of this lease.
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11. Fire Insurance. Landlord agrees to procure and maintain
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in force during the term of this lease and any extension thereof,
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at its expense, fire insurance on the real property in an amount
Isufficient to protect Landlord's interests. The policy of fire
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insurance shall contain provisions assuring that the insurance
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company will seek no recourse against City, and shall name City
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.1 as an additional insured, but solely as to the real estate. A
!Icopy of the certificate of insurance naming City as an additional
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II insured shall be provided to City forthwith.
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I' 12. Signs. City may erect or display, on the leased
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I premises, any sign or advertising matter depicting the premises as
i a Police Community Service Office.
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I 13. Hold Harmless. City shall hold Landlord harmless from
I all damages arising out of any injury to any person or property
occurring in, on or about the premises, except the Landlord shall
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I be liable to City for damage resulting from the acts or omissions
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Ilof Landlord or his authorized representatives, and Landlord shall
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I hold City harmless from all damages arising out of any such
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I, damage.
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II 14. Termination. City shall have the right to terminate
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II this lease for any reason by giving thirty days' advance written
I notice to Landlord, and this lease shall terminate thirty days
ji thereafter.
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15. Amendment. This lease may be amended or modified only
26 by written agreement signed by both parties and failure on the
I part of either party to enforce any provision of this lease shall
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I not be construed as a waiver of the right to compel enforcement of
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1 such provision or provisions, nor act to release any surety from
2 its obligations under this lease.
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16. Notices. All notices herein required shall be in
4 writing and delivered in person or sent by certified mail, postage
5 prepaid, return receipt requested, addressed as follows:
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"Landlord"
"City"
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George Aguilar
599 North Mt. Vernon
San Bernardino, CA 92410
Chief of Police
300 North "D" Street
San Bernardino, CA 92418
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IN WITNESS WHEREOF, the parties have executed this lease
d day of ~ ~ , 1984.
on
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the
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"Landlord"
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CITY OF SAN BERNARDINO
ATTEST:
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~/?!'4/~$
City Clerk
By
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Approved as to form:
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