HomeMy WebLinkAbout1989-155
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RESOLUTION NO.
89-155
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH STATER BROS. MARKETS, INC., FOR
THE LEASE OF GROUND SPACE FOR THE AREA "0" COMMUNITY SERVICE
OFFICE AND REPEALING RESOLUTION NO. 89-103, SECTION 2.
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
and agreement with STATER BROS. MARKETS, INC., to lease ground
space for the Area "0" Police Community Service Office, a copy of
which is attached hereto marked Exhibi t "A" and incorporated
herein by reference as though fully set forth at length.
SECTION 2.
Resolution No. 89-103, Section 2, is hereby
repealed.
SECTION 3. This resolution is rescinded if the parties to
the agreement fail to execute it within sixty (60) 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
Bernardino at a
regular
meeting thereof, held on the
15th
day of
, 1989, by the following vote,
May
to wit:
AYES:
Council Members Estrada. Flores. Maudsley.
Minor. Pope-Ludlam
NAYS:
None
ABSENT:
Council Members ReillYL... Miller
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Cify Clerk
HE:br
May 11, 1989
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It.-./
. (, 6J.-
day of
May
, 1989.
The foregoing resolution is hereby approved this
Approved as to form
and Legal Content:
JAMES F. PENMAN
B~
City orney
HE:br
May 11, 1989
Evlyn Wi1 ox, Mayor
City of San Bernardino
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LICENSE AGREEMENT
(Police Community Service Office)
AGREEMENT is made and entered into this I!IL
, 1989, by and between STATER BROS. MARKETS,
corporation, hereinafter referred to as "SBM",
and the CITY F SAN BERNARDINO, a municipal corporation,
hereinafter referred to as "CITY".
The parties agree as follows:
1. RECITALS:
This Agreement is made with reference to the following
facts and objectives:
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 30 feet
west of Shandin Hills Circle 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.
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May 11, 1989
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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.
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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:
SBM 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 SBM harmless from all damages arising out
of any injury to any person or property occurring in, on, or
about the premises, except SBM shall be liable to CITY for damage
resulting from the acts or omissions of SBM, or its authorized
representatives, and SBM 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 SBM, 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
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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.
BY:~~~
City Clerk
l-. TTES T :
Approved as to form
and legal content:
JAMES F. PENMAN ,
City Attorney
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STATER
By:
Real Estate
HE/dys
April 5, 1989
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Exhibit A
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