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HomeMy WebLinkAbout2007-387 r I 1 i , , 1, 21 31 RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE I CITY MANAGER TO EXECUTE A COMMERCIAL LEASE BETWEEN THE CITY OF 41 SAN BERNARDINO AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN 51. BERNARDINO FOR THE LEASE OF PROPERTY KNOWN AS 201A NORTH "E" STREET, SUITE 103 AND THE EAST HALF OF SUITE 106 ON BEHALF OF THE 6 CITY OF SAN BERNARDINO PARKS AND RECREATION DEPARTMENT. 7 8 9 RESOLUTION NO. 2007-387 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager is hereby authorized to execute a Commercial Lease between 10 the City of San Bernardino and the Redevelopment Agency of the City of San Bernardino for the 11 lease of property known as 20lA North "E" Street, Suite 103 and the east half of Suite 106 on 12 behalf of the City of San Bernardino Parks and Recreation Department, a copy of which is 13 attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set 14 forth at length. 15 16 SECTION 2: The term of the Commercial Lease is month-to-month, commencing on October I, 2007. This lease may remain in full force and effect month-to-month thereafter until 17 18 either party shall deliver to the other party a termination notice at least thirty (30) days prior to 19 the termination date to be specified in such notice. 20 21 SECTION 3. The authorization granted hereunder shall expire and be void and of no further effect if the agreement is not executed by both parties and returned to the office of the 22 City Clerk within sixty (60) days following the effective date of the resolution. 23 24 III III 25 26 III 27 III 28 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A COMMERCIAL LEASE BETWEEN THE CITY OF 2 SAN BERNARDINO AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FOR THE LEASE OF PROPERTY KNOWN AS 201A NORTH "E" 3 STREET, SUITE 103 AND THE EAST HALF OF SUITE 106 ON BEHALF OF THE 4 CITY OF SAN BERNARDINO PARKS AND RECREATION DEPARTMENT. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and joint 6 Conunon Council of the City of San Bernardino at a regular meeting thereof, held on the 7 8 17th day of September ,2007, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT 9 10 11 BAXTER 12 13 ESTRADA ---X....- x BRINKER x x DERRY 14 KELLEY 15 VAN JOHNSON x x 16 17 18 19 20 21 MCCAMMACK x b cm~~~~rfJn()f.-bu The foregoing resolution is here~approved this ~To%o"day of se~:;,G007. 22 Patrick J. Morris, Mayor 23 Approved as to form: ity of San Bernardino 24 25 26 27 28 '9-;; es F. Penman, City Attorney 2007-387 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO COMMERCIAL LEASE (201 North "E" Street) 1. PARTIES. This Commercial Lease is made and entered into this 17!h day of September 2007 (this "Lease"), by and between the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic (hereinafter referred to as "Landlord") and the City of San Bernardino ("City"), Parks and Recreation Department (hereinafter referred to as "Tenant"). 2. PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, on the terms and conditions hereafter set forth the office portions of that certain real property and the building and other tenant improvements located thereon situated in the City, County of San Bernardino, State ofCalifomia, commonly known as 20lA North "E" Street, Suite 103 and the east half of Suite 106, as described in Exhibit "A" (see attached) (said portion of the real property to be leased and occupied by Tenant as office space within said Suite 103 and the applicable portion of Suite I 06 is hereinafter called the "Premises"). 3. TERM. The term of this Lease shall be month-to-month, commencing on October I, 2007, and shall expire and terminate as of the last calendar day of said month. This Lease may remain in full force and effect from and after said stated termination date and month-to-month thereafter until either party shall deliver to the other party a termination notice at least thirty (30) days prior to the termination date to be specified in such notice. Any such termination shall be effective as of the last calendar day of a month provided that the requisite notice has been duly given by the party then seeking to terminate this Lease. 4. RENT. Tenant shall pay Landlord as rent for the Premises the following sums per month, in advance on the first day of each calendar month during the term of this Lease: Tenant will be responsible for all costs associated with Tenant Improvements, phone, computer and communication installations within the Premises as leased pursuant to this Lease. Tenant shall pay Landlord monthly rent in the amount of Three Thousand Three Hundred Dollars ($3,300) for the Premises. Rent for any period during the term of this Lease which is for less than one (I) month, shall be a pro rata portion of the monthly installment. Rent shall be payable without notice or demand and without any deduction, off-set or abatement in lawful money of the United States to the Landlord at the address stated herein for notices or to such other persons or such other places as the Landlord may designate to Tenant in writing. Landlord reserves the right to increase the rent at anytime after the initial term of this Lease upon the delivery of not less than thirty (30) calendar days' notice to Tenant. In the event Page 10f6 Tenant should refuse to pay such increased rent or fail to pay the required increased rental amount when due and payable, such action of the Tenant shall be deemed to be an automatic termination of this Lease by Tenant. In the event Tenant holds over its tenancy after the period specified in any notice of termination duly delivered from Landlord to Tenant, Tenant shall be responsible for payment of rent for such holdover period equal to two (2) times the monthly rent then in effect immediately prior to such commencement of a holdover status under this Lease. 5. USE. Tenant shall use the Premises only for the general offices of the City, Parks and Recreation Department, and for no other purpose without the Landlord's prior written consent. Tenant shall not do, bring or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises or the building in which the Premises are located. If the rate of any insurance carried by the Landlord is increased as result of Tenant's use of the Premises, Tenant shall pay to Landlord within ten (10) calendar days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's use of the Premises, including, without limitation, the obligation at Tenant's cost to alter, maintain or restore the Premises in compliance and conformity with all laws relating to the condition, use or occupancy ofthe Premises by Tenant during the term of this Lease. Tenant shall not use or permit the use of the Premises in any manner that will tend to cause waste or a nuisance or which may unreasonably disturb any other tenant or user of the Premises. Tenant hereby accepts the Premises in their condition existing as of the date that Tenant possesses the Premises. 6. UTILITIES. Landlord will pay for all water, gas, electricity, air conditioning, refuse and five (5) days per week janitorial service. Tenant shall pay for telephone, internet and other utility services supplied to the Premises together with any taxes thereon and for all connection charges. 7. MAINTENANCE AND REPAIRS. (a) Landlord's Obligations. Except as provided in Article 12, and except for damage caused by any negligent or intentional act or omission of Tenant, Tenant's agents, employees or invitees, Landlord, at its sole cost and expense, shall provide janitorial service, keep in good condition and repair, the foundations, exterior walls and exterior roof of the Premises. Landlord shall also maintain the unexposed electrical, plumbing and sewage systems including, without limitation, those improvements that are a part of the Premises or of which the Premises are a part. The Landlord shall also maintain the heating, ventilating and air conditioning systems servicing the Premises. /II Page 20f6 8. INSURANCE: INDEMNITY. (a) Hold Hannless. Tenant shall defend, indemnify and hold Landlord hannless from and against any and all claims arising from Tenant's use or occupancy of the Premises or from the conduct of its business or from any activity, work or things which may be permitted or suffered by Tenant in or about the Premises, including all damage, costs, attorney's fees, expenses and liabilities incurred in the defense of any claim or action or proceeding arising therefrom. Except for Landlord's willful or grossly negligent conduct, Tenant hereby assumes all risk of damage to property or injury to persons in or about the Premises from any cause, and Tenant hereby waives all claims in respect thereof against the Landlord. (b) Exemption of Landlord from Liability. Except for Landlord's willful or grossly negligent conduct, Tenant hereby agrees that Landlord shall not be liable for any injury to Tenant's business or loss of income therefrom or for damage to the goods, wares, merchandise or other property of Tenant, Tenant's employees, invitees, customers or any other person in or about the Premises; nor shall Landlord be liable for injury to the person of Tenant's employees, agents, contractors or invitees, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage obstruction or other defects of pipes, sprinklers, wires, appliance, plumbing, air conditioning or lighting fixtures, or from any other cause, whether such damage results from conditions arising upon the Premises or upon other portions of the building in which the Premises are a part, or from any other sources or places. Landlord shall not be liable to Tenant for any damages arising from any act or neglect of any other tenant, if any, of the building in which the Premises are located. 9. ASSIGNMENT AND SUBLETTING. Tenant shall not voluntarily or by operation of law, assign, transfer, sublet, mortgage or otherwise transfer or encumber all or any part of Tenant's interest in this Lease or in the Premises without Landlord's prior written consent, which consent may be withheld at the sole and absolute discretion of the Landlord. Any attempted assignment, transfer, mortgage, encumbrance or subletting without such consent shall be void and shall constitute a breach of this Lease. Regardless of Landlord's consent, no subletting or assignment shall release Tenant of Tenant's obligation to pay the rent and to perform all other obligations to be performed by Tenant hereunder for the term of this Lease. The acceptance of rent by Landlord from any other person shall not be deemed a waiver by Landlord of any provision hereof. Consent to one (I) assignment or subletting shall not be deemed consent to any subsequent assignment or subletting. 10. DEFAULT. (a) Events of Default. Page 3 of6 The occurrence of anyone (1) or more of the following events shall constitute a default and breach of this Lease by Tenant: (1) Failure to pay rent when due, if the failure continues for five (5) business days after written notice has been given to Tenant. (2) Abandonment and vacation of the Premises (failure to occupy the Premises for fourteen (14) consecutive calendar days shall be deemed an abandonment and vacation). 11. SIGNS. Tenant shall not have the right to place, construct or maintain any sign, advertisement, awning, banner, or other exterior decorations on the building or other improvements that are a part of t)1e Premises without Landlord's prior written consent, which consent may be withheld by Landlord, at its sole and absolute discretion. 12. SUBORDINATION. This Lease, at Landlord's sole option and absolute discretion, may be subordinated to any ground lease, mortgage, deed of trust or any other hypothecation for security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewal, modifications and extensions thereof. Notwithstanding any such subordination, Tenant's right to quiet possession of the Premises shall not be disturbed if Tenant is not in default and so long as Tenant shall pay the rent and observe and perform all the other provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage or deed of trust or ground lease, and shall give written notice thereof to Tenant, this Lease shall be deemed prior to such mortgage, deed of trust or ground lease, whether this Lease is dated prior to or subsequent to the date of such mortgage, deed of trust or ground lease, or the date of recording thereof. Tenant agrees to execute any documents required to effect such subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be, and failing to do so within ten (10) calendar days after written demand from Landlord does hereby make, constitute and irrevocably appoint Landlord as Tenant's attorney in fact and in Tenant's name, place and stead to do so. 13. SURRENDER. On the last day of the term hereof, or on any sooner termination, Tenant shall surrender the Premises to Landlord in good condition, broom clean, subject to ordinary wear and tear upon the Premises which change in condition shall be accepted by Landlord. Tenant shall repair any damage to the Premises occasioned by its use thereof, or by the removal of Tenant's trade fixtures, furnishing and equipment which repair shall include the patching and filling of holes and repair of structural damage. Tenant shall remove all of its personal property and fixtures on the Premises prior to the expiration of the term of this Lease and if required by Landlord pursuant to Article lO(a) above, any alterations, improvements or additions made by Tenant to the Premises. If Tenant fails to surrender the Premises to Landlord on the expiration of the Page 4 of6 . . Lease as required by this paragraph, Tenant shall defend, indemnify and hold Landlord harmless from all damages resulting from Tenant's failure to surrender the Premises. 14. HOLDING OVER. If the Tenant, with the Landlord's consent, rernains in possession of the Premises after the expiration or termination of the term of this Lease, such possession by Tenant shall be deemed to be a tenancy from month-to-month at a rental in the amount equal to the last monthly rental plus all other charges payable hereunder, upon all the provisions of this Lease applicable to month-to-month tenancy. 15. BINDING ON SUCCESSORS AND ASSIGNS. The terms, conditions and covenants of this Lease shall be binding upon and shall inure to the benefit of each of the parties hereto, their heirs, personal representatives, successors and asSignS. 16. NOTICES. Whenever under this Lease, a provision is made for any demand, notice or declaration of any kind, it shall be in writing and served either personally or sent by registered or certified United States mail, postage prepaid, addressed at the addresses set forth below: TO LANDLORD: Redevelopment Agency of the City of San Bernardino Attention: Maggie Pacheco, Executive Director 201 North "E" Street, Suite 301 San Bernardino, California 92401 TO TENANT: City of San Bernardino Parks and Recreation Department Attention: Kevin Hawkins, Director 201 North "E" Street, Suite 103 San Bernardino, California 92401 Such notices shall be deemed to be received within forty-eight (48) hours from the time of mailing, if mailed as provided for in this paragraph or upon receipt if served personally upon the other party. 17. LANDLORD'S RIGHT TO INSPECTION. Landlord and Landlord's agents shall have the right to enter the Premises at any reasonable time for the purpose of inspecting same, showing the same to prospective purchasers or lenders, and making such alteration, repairs, improvements or additions to the Premises or to the building of which the Premises are a part as Landlord may deern necessary or desirable. Landlord may, at any time, place on or about the Premises, any ordinary "For Sale" signs and Landlord may, at any time during the term of this Lease, place on or about the Premises, any ordinary "For Sale or Lease" signs, all without rebate of rent or liability to Tenant. 1/1 Page 5 of6 .. , .' 18. CHOICE OF LAW. This Lease shall be governed by the laws of the State of California. 19. LANDLORD'S LIABILITY. The term "Landlord" as used in this Lease shall mean only the owner or owners at the time in question of the fee title or Lessee's interest in a ground lease of the Premises, and in the event of any transfer of such title or interest, Landlord herein names such successor in interest, and in case of any subsequent transfers to the then successor in interest, as the real party in interest to this Lease and Landlord shall be relieved from and after the date of such transfer of all liability in respect to Landlord's obligations thereafter to be performed. The obligations contained in this Lease to be performed by Landlord shall be binding upon the Landlord's successors and assigns, only during their respective period of ownership. 20. INCORPORATION OF PRIOR AGREEMENTS. This Lease contains all agreements of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Lease may be modified only in writing, and signed by the parties in interest at the time of such modification. The parties hereto have executed this Lease on the date first above written. LANDLORD: Redevelopment Agency of the City of San Bernardino TENANT: City of San Bernardino By: By: Approved as to Form and Legal Content: Approved as to Form: By: ~,.~ Agency C nsel By: ,f~ James F. Penman, City Attorney Page 6 of6