HomeMy WebLinkAbout1989-103
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RESOLUTION NO.
89-103
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
RELOCATION OF THE AREA "0" POLICE COMMUNITY SERVICE OFFICE AND
3 THE EXECUTION OF THE AGREEMENTS WITH STATER BROS. MARKETS, INC.
AND BLOCK BROS. INDUSTRIES (USA) INC. FOR THE LEASE OF GROUND
4 SPACE AND THE TRAILER FOR THIS OFFICE.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
The Area "0" Communi ty Service Office be
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relocated from its present location at 4222 N. Sierra Way to the
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Shandin Hills Shopping Center at 911 Kendall Drive.
SECTION 2.
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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an agreement with STATER BROS. MARKETS, INC. to lease ground
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space for the Area "0" Police Community Service Office, a copy of
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which is attached hereto marked Exhibit "A" and incorporated
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herein by reference as though fully set forth at length.
SECTION 3.
The Mayor of the City of San Bernardino is
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hereby authorized and directed to execute on behalf of said City
an agreement with BLOCK BROS. INDUSTRIES (USA) INC. to lease a
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double-wide trailer for the Area "0" Police Community Service
Office, a copy of which is attached hereto marked Exhibit "B" and
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incorporated herein by reference as though fully set forth at
length.
SECTION 4.
The authorizations to execute the above-
referenced agreements are rescinded if the parties to the
agreements fail to execute them within ninety (90) days of the
passage of this resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
HEjdys
April 6, 1989
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1
Bernardino at a
regular
meeting thereof, held on the
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day of
April
, 1989, by the following vote, to
17th
3 wit:
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AYES:
Council Members Estrada. Reilly, Flores, Maudsley,
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Minor. Pope-Ludlam. Miller
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NAYS:
None
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ABSENT:
None
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~A-/h?7A/~$
~~~
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The foregoing resolution is her~by approved this IfcA/
day of
April
, 1989.~
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,/ /"
J-~ ~d/,7 y~-
. Evlyn VilCO,!, Mayor /
City of San Bernardino
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14 Approved as to form
and legal content:
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JAMES F. PENMAN,
City Attorney
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By: ik~ ") ~
(I ,
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HEjdys
April 6, 1989
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LEA S E
This LEASE, made this f,tL day Of~' 1989,
by and between Block Bros. Industr1es (USA) Inc., a ashington
corporation ("Lessor"), and the City of San Bernard no,
California, a Municipal Corporation and a Charter City
("Lessee"):
H ~ ~ H ~ .Q .Q ~ ~ Ii:
1. Lessor is the owner of a double-wide mobile
office trailer identified as follows:
Adspace - Vehicle Registration Nos. S3422 & 3423.
2. Lessor agrees to lease the above-described office
trail~r to Lessee for the Term of one year, commencing on the
~t~ day of M$S ' 1989, with an option to renew the
Lease for an addit1 nal one-year term, the Lessee paying
therefore to the Lessor the sum of One Dollar ($1.00) per year
as rental for the Term of this Agreement, which shall be payable
at the beginning of the Term.
3. Lessee agrees to pay the said rent at the times
and in the manner provided; to pay all taxes which may be
imposed upon the said property while in the possession of
Lessee; to use the said property in a careful and prudent
manner; not to sublet, mortgage, or in any manner dispose of the
same to any person, or remove or attempt to remove the same, or
suffer the same to come into the custody or control of any
person other than Lessee, without the consent in writing of
Lessor; not to suffer any legal process to be levied upon the
same; to permit Lessor at all reasonable times to enter upon the
premises to inspect the said property after giving notice to
Lessee.
4. It is agreed that if default shall be made in any
of the convenants on the part of Lessee, that Lessor shall give
written notice of such default to Lessee. Lessee shall then
have thirty (30) days to cure such default. If Lessee has not
cured such default within the thirty (30) day period, Lessor
shall have the right to enter the premises and cure said default
at the full expense of Lessee.
5. Lessee shall use the leased property for a Police
Community Service Office for the Police Department of the City
of San Bernardino and for no other use without the prior written
approval of Lessor. Such approval shall not be unreasonably
withheld. If Lessee uses the leased property for some use other
than a Police Community Service Office for the Police Department
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dpc156/13519/000/0340/block.bros
097/107 03-31-89
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of the City of San Bernardino, Lessor shall have the right, at
Lessor's discretion, to terminate the Lease upon fifteen (15)
days prior written notice to Lessee.
6. Lessee shall install fixtures to and improve the
leased property to the condition necessary for the proposed use
of the leased property. The improvements and fixtures shall
become a part of the leased property and Lessee shall return the
leased property to Lessor in the improved condition upon the
termination of this Lease. Installation of any fixture shall be
subject to Lessor's prior written approval, which approval shall
not be unreasonably withheld.
7. Lessee shall be responsible for obtaining all
applicable registrations and licenses for the leased property
during the Term of the Lease. Lessor shall pay all registration
and licensing penalties and fees, if any, for the leased
property arising prior to the Term of the Lease. Lessee
acknowledges and agrees that it is acquiring the leased property
in an lias is" condition with all faults. Lessee is relying
solely upon its own inspection, investigation and analysis of
the leased property and is not relying in any way upon any
representations, statements, agreements, warranties, or other
material furnished by lessor, whether oral or written, express
or implied, of any nature regarding the leased property.
8. Lessee shall maintain, repair, replace and keep
the leased property and all improvements, fixtures and other
personal property in good, safe and sanitary condition, order
and repair ("Maintenance and Repair"). Such Maintenance and
Repair shall include, but shall not be limited to (a) painting
and refinishing the interior of the leased property; (b)
replacing all broken or cracked glass windows and doors; (c)
maintaining and repairing all doors and door closing or locking
mechanisms; (d) repairing any damage resulting from the movement
of furniture, fixtures, merchandise or supplies by the Lessee;
(e) maintaining the heating, ventilation and air conditioning
systems within the leased property and any components thereof;
and (f) maintaining the lighting system within the leased
property, including replacement of electric light bulbs, tubes
and ballasts. Lessee shall diligently pursue a program of
regular maintenance and repair of the leased property so as to
impede, to the extent possible, deterioration by ordinary wear
and tear. Lessee shall complete all Maintenance and Repair with
due diligence and in good and workmanlike fashion and in
compliance with all applicable permits, authorizations, laws,
ordinances, orders, rules and regulations of governmental
authorities having jurisdiction. Lessee shall pay the costs and
expenses of such Maintenance and Repair promptly when due.
Lessee shall accomplish the Maintenance and Repair free of liens
of mechanics and materialmen. Lessee shall reimburse Lessor for
the costs and expenses incurred by Lessor or any repair or
maintenance to the leased property required as a result of
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097/107 03-31-89
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Lessee's Maintenance and Repair or required as a result of a
failure of Lessee to perform such Maintenance and Repair, plus
twenty percent (20%) of such costs and expenses as an allowance
for Lessor's overhead expenses. Lessee acknowledges that in no
event shall Lessor provide maintenance, repair, cleaning or
other janitorial services to the leased property.
9. Lessee shall indemnify, defend and hold Lessor
harmless from and against all liability, obligations, claims,
damages, penalties, causes of action, costs and expenses,
including without limitation attorneys' fees, imposed upon,
incurred by or asserted against Lessor by reason of (a) any
accident, injury to or death of any person or loss of or damage
to any property occurring on or about the leased property; (b)
any act or omission of Lessee, Lessee's permitted users or of
anyone claiming by, through or under Lessee; (c) any use which
may be made of or condition existing upon, the leased property;
(d) any improvements, fixtures or equipment upon the leased
property; (e) any failure on the part of Lessee to perform or
comply with any of the provisions, covenants or agreements of
Lessee contained in this Lease; (f) any violation of any law,
ordinance, order, rule or regulation of governmental authorities
having jurisdiction over Lessee, Lessee's permitted users or by
anyone claiming by, through or under Lessee; and (g) any
maintenance or repairs or changes to the leased property by,
through or under Lessee. Notwithstanding the foregoing, Lessee
shall not be required to indemnify Lessor for any damages
arising out of or resulting from the negligent acts or willful
misconduct of Lessor and Lessor's agents or employees including,
without limitation, damages arising out of or resulting from the
negligent acts or willful misconduct of Lessor and Lessor's
agents or employees in connection with the delivery or anchoring
of the leased property or arising out of structural defects in
the leased property.
10. Upon the expiration of the term of this Lease,
Lessee, at its sole cost and expense, shall remove from the
leased property all of Lessee's personal property.
11. Lessor shall deliver and anchor the leased
property to the property located adjacent to the sidewalk of the
shopping center located on the southeast corner of Kendall Drive
and Shandin Hills Drive, two hundred feet (200') west of "J"
street in the City and County of San Bernardino, consisting of
approximately two thousand (2,000) square feet (the "Premises").
Lessee shall not remove the leased property from the Premises.
If Lessee removes the leased property from the Premises, Lessor
shall have the right to terminate the Lease upon fifteen (15)
days' prior written notice to Lessee.
12. Lessee shall obtain all permits and approvals and
pay all fees required in connection with the relocation of the
leased property to the Premises.
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097/107 03-31-89
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13. This Agreement may be amended or modified only by
written agreement by both parties.
14. All notices herein required shall be in writing
and delivered in person or sent by certified mail, postage
prepaid, return receipt requested, and addressed as follows:
Lessor
Lessee
Block Bros. Industries
(USA) Inc.
c/o Dorian Johnson
Marlborough Development
Corp.
2029 Century Park East
suite 1550
Los Angeles, CA 90067
Chief of Police
City of San Bernardino
466 West 4th street
San Bernardino, CA 92418
15. If either party to this Lease brings any action
or files any proceeding against the other party arising out of
this Lease or for the declaration or interpretation of any
rights hereunder, the prevailing party therein shall be entitled
to recover from the other party all costs and expenses,
including reasonable attorneys' fees incurred by the prevailing
party as determined by the court.
IN WITNESS WHEREOF, the parties hereto have executed
this Lease on the day and date first above shown.
ATTEST:
CITY
,~~
. 1. ty C er .
By:
BLOCK BROS. INDUSTRIES (USA)
INC., a Washington
corporation
By:
~Jd~~~
Its: ~~~--?
Approved as to form
and legal content:
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097/107 03-31-89
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n;r.V ~l~ day of This LICENSE A~R~":9~ b~s a~~d~e~~~e~n;~~~~Ri~~~s:h~RKETS.
~ ~~ INC., a California corporation, hereinafter referred to as "SBM",
t,2/" <'\ and the CITY OF SAN BERNARDINO, a municipal corporation,
~~ ~~~ hereinafter referred to as -CITY-,
qv'~s~ The parties agree as follows:
~ 1 RECITALS:
~u ·
~~
LICENSE AGREEMENT
(Police Community Service Office)
This Agreement
facts and objectives:
is
made with reference to the following
a. SBM is the owner of the shopping center
generally described as the shopping center located on
the southeast corner of Kendall Drive and Shandin
Hills Drive in the City of San Bernardino and desires
to allow the occupation of a portion of the premises
more particularly described as that property located
adjacent to the shopping center sidewalk 200 feet
west of "J" Street, in the City of San Bernardino,
County of San Bernardino, California, consisting of
approximately Two Thousand (2,000) square feet, by
the CITY for good and valuable consideration, receipt
of which is hereby acknowledged, to be used as a site
for the placement of a mobile unit to serve as a
Police Community Service Office (hereinafter
"OFFICE") by the Police Department of the City of San
Bernardino.
b. CITY desires to occupy the premises from SBM
pursuant to the provisions set forth herein. CITY
has examined the premises and is fully informed as to
its conditions.
2. PROPERTY LICENSED:
SBM grants to the CITY the right to occupy the real
property described above and marked as "the Premises" on Exhibit
"A" attached hereto and made a part hereof, together with the
appurtenant rights referred to herein.
3. APPURTENANT RIGHTS:
The appurtenant rights referred to in this Agreement are as
follows:
a. CITY shall have full and unimpaired access
to the premises at all times.
HE/dys
April 5, 1989
I
EXHiBIT A
b. SBM gives to CITY and its authorized
representatives and invitees the non-exclusive right
to use common areas including parking areas.
c. SBM shall not allow blockage of traffic
pattern as required for access in and out of CITY'S
premises, except for repairs or regular maintenance.
4. PLACEMENT:
It is understood by and between the parties that the
location of the mobile unit on the premises shall be in
accordance with the diagram attached hereto as Exhibit "A" and
incorporated herein by reference. SBM hereby grants to CITY or
such person or entity as CITY designates, unimpaired access to
the premises for the purpose of delivering the mobile unit to the
premises. If CITY designates a third party to deliver the mobile
unit to the premises, SBM acknowledges and agrees that:
(i) such third party shall incur no
liability for the improper placement of the
mobile unit, and
(ii) SBM shall look only to CITY for
damages resulting from the improper
placement of the mobile unit.
5. TERM:
This License Agreement shall commence upon execution of the
agreement by the two parties and shall expire one-year from the
date of its commencement. SBM grants CITY an option to renew
this agreement for one additional one-year term. CITY may cancel
this Agreement and terminate occupancy sooner for any reason upon
two (2) weeks notice to SBM. SBM may cancel this Agreement at
any time after the first one-year term for any reason upon
ninety (90) days written notice to CITY. Any hOldover by CITY
beyond the original term and option period shall be month to
month.
6. RENT:
CITY shall pay the sum total of ONE ($1.00) DOLLAR per year
as rental for the Term of this Agreement, which shall be payable
at the beginning of the Term.
7. USE OF PREMISES:
CITY shall use the premises for a Police Community Service
Office for the Police Department of the City of San Bernardino
and any other lawful public purpose with the prior written
approval of SBM. Such approval shall not be unreasonably
withheld.
HE/dys
April 5, 1989
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8. FIXTURES, ALTERATIONS AND DUTY TO MAINTAIN:
CITY shall have the right to install such fixtures as are
necessary for the proposed use of the premises, and such fixtures
shall not become a part of the real property; provided, however,
that installation of any fixture shall be subject to the prior
approval of SBM, which approval shall not be unreasonably
withheld. CITY may also make such repairs and improvements as
are required to fit the premises for the proposed use. CITY
shall maintain all portions of the premises in good condition and
shall be liable for any damage above ordinary wear and tear to
the premises resulting from the act or omissions of the CITY or
its authorized representatives, but not from other persons. CITY
agrees that it shall restore the premises to its original
condition at the termination of this Agreement; including removal
of mobile unit.
9. INTEREST IN THE MOBILE UNIT:
S8M acknowledges and agrees that it shall have no right,
title or interest in the mobile unit at any time.
10. UTILITIES:
CITY shall make arrangements and pay for all utility
services furnished to it or used by it including, without
limitation, gas, electricity, water, telephone service and trash
collection and for all connection charges.
11. HOLD HARMLESS:
CITY shall hold S8M harmless from all damages arising out
of any injury to any person or property occurring in, on, or
about the premises, except S8M shall be liable to CITY for damage
resulting from the acts or omissions of S8M, or its authorized
representatives, and S8M shall hold CITY harmless from all
damages arising out of any such damage. CITY shall meet all
zoning and building code requirements for the placement and use
of the mobile unit on the premises, and shall hold SBM harmless
from any failure on the CITY'S part to meet those requirements.
12. SIGNS:
CITY may erect or display, on the licensed premises, any
sign or advertising matter depicting the public use of the
premises; provided, however, that all signs are subject to the
prior approval of S8M, which approval shall not be unreasonably
withheld.
13. AMENDMENT:
This Agreement may be amended or modified only by written
agreement signed by both parties and failure on the part of
either party to enforce any provision of this Agreement shall not
HEjdys
April 5, 1989
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be construed' as a waiver of the right to compel enforcement of
such provisions, nor act to release any surety from its
obligations under this Agreement.
14. NOTICES:
All notices herein required shall be in writing and
delivered in person or sent by Certified Mail, postage prepaid,
return receipt requested, addressed as follows:
LANDLORD
CITY
stater Bros. Markets, Inc.
c/o Property Manager
P. O. Box 150
Colton, CA 92324-0065
San Bernardino Police Department
Attn: Chief of Police
466 W. 4th Street
San Bernardino, CA 92418
15. ATTORNEY'S FEES:
If either party to this Agreement brings any action or
files any proceeding against the other party arising out of this
Agreement or for the declaration or interpretation of any rights
hereunder, the prevailing party therein shall be entitled to
recover from the other party all costs and expenses, including
reasonable attorney's fees incurred by the prevailing party as
determined by the court.
IN WITNESS WHEREOF, the parties hereto have subscribed
their names, the day and year first hereinabove written.
ATTEST:
CITY OF SAN BERNARDINO:
By:
City Clerk
By:
Evlyn Wilcox, Mayor
Approved as to form
and legal content:
JAMES F. PENMAN ,
City Attorney
STATER BROS. MARKETS, INC.
By: (1~ 1. J~=C1--
O. ,
By:
Walter F. Ford,
Vice President of Real Estate
HE/dys
April 5, 1989
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