HomeMy WebLinkAbout1989-452
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RESOLUTION NO. 89-452
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH DO ILL LEE AND KYUNG AE LEE TO
LEASE CERTAIN REAL PROPERTY FOR A POLICE COMMUNITY SERVICE OFFICE
FOR AREA "A".
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor is hereby authorized and directed to
execute on behalf of said City an agreement with DO ILL LEE and
KYUNG AE LEE, to lease certain real property located at 1332 West
5th Street, Suite 108, San Bernardino for a Police Community
Service Center for Area "A", a copy of said agreement is attached
hereto, marked Exhibit "A", and incorporated herein by reference
as fully as though set forth at length.
SECTION 2.
The authorization to execute the above-
referenced agreement is rescinded if the parties to the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
rt:~gl1 1 A r
meeting thereof, held on the 20th
day of November
, 1989, by the following vote, to wit:
AYES:
Council Members Estrada, Reilly, Flores,
Maudsley, Minor, Pope-Ludlam, Miller
NAYS: None
ABSENT: None
~dI?&21b
City/Clerk
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November 9, 1989
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RESOLUTION...AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH DO
ILL LEE AND KYUNG AE LEE TO LEASE CERTAIN REAL PROPERTY FOR A
POLICE COMMUNITY SERVICE OFFICE FOR AREA "A".
The foregoing resolution is hereby approved this ;Z;Z/l./ day
of
, 1989.
November
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
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November 9, 1989
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"
LEA S E
(Community Police Center)
THIS LEASE is made and entered into effective as of /~.;;j,- ,
1989, by and between DO ILL LEE and KYUNG AE LEE, ("Landlord")
and the CITY OF SAN BERNARDINO, ("City"), a municipal
corporation.
Landlord and City agree as follows:
1. Recitals.
a. Effective on the date written above, Landlord and
City agree to lease certain real property located at 1332
West 5th Street, Suite 108, San Bernardino for a Police
Community Service Office.
b. Landlord is the owner of the premises described
above.
2. Description of Premises.
Landlord leases to City, and City lets from Landlord, as
herein provided, the premises located 1332 West 5th Street, Suite
108, City of San Bernardino, County of San Bernardino, State of
California, more specifically described as 780 square feet of
office space at:
Lots 6, 7, 8, 9 and 10, of Block 1 of Tompkin's
Subdivision of Lot 1, Block 23 Rancho San Bernardino,
as per map recorded in Book 5 of Maps, Page 98, in
the office of the recorder of said county.
3. Term.
The term of this lease is three (3) years. Landlord grants
City an option to renew this lease agreement for three (3) years
under these same terms and conditions.
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November 9, 1989
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4.
Rent.
2
The total rent of this lease is the sum of ONE DOLLAR
3 ($1.00) per year starting with the remainder of 1989 and ONE
4 DOLLAR ($1.00) per year payable thereafter during the first month
5 of each successive calendar year.
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5.
Use of Premises.
7
The premises are leased to be used as and for a community
8 police center. City agrees to restrict its use to such purposes,
9 and not to use or permit the use of the premises for any other
10 purpose without first obtaining the consent in writing of
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11 Landlord.
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6.
Payment of Utilities.
City shall pay for all utilities furnished the premises for
14 the term of this lease, including electricity, gas, water,
15 rubbish removal and telephone service.
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7.
Duty to Maintain and Repair Premises.
City shall maintain all interior portions of the premises
18 in good condition and shall keep windows and doors in good
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repair.
The Landlord shall be responsible for the exterior of
20 the building, except windows and doors. City shall be liable for
21 any damage above ordinary wear and tear to the interior of the
22 premises resulting from the act or omission of the City or its
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23 authorized representatives, but not from other persons.
8.
Fixtures.
25
City shall have the right to install such fixtures and
26 improvements as are necessary for the proposed use of the
27 premises, and such fixtures and improvements shall not become a
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November 9, 1989
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1 part of the real property.
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9.
Alterations of Premises.
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City acknowledges that the premises located at 1332 West
45th street, Suite 108, San Bernardino, are in satisfactory
5 condition for the purpose of a community police center, and that
6 no alterations of these premises are contemplated by either City
7 or Landlord.
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10.
Option to Renew.
9 Landlord grants to City an option to renew this lease for a
10 period of three (3) years after the expiration of its original
11 term, on the same terms as this lease. City shall give Landlord
12 written notice of its election to renew at least thirty (30) days
13 prior to the expiration of this lease.
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11.
Fire Insurance.
15
Landlord agrees to procure and maintain in force during the
16 term of this lease and any extension thereof, at its expense,
17 fire insurance on the real property in an amount sufficient to
18 protect Landlord's interests. The policy of fire insurance shall
19 contain provisions assuring that the insurance company will seek
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20 no recourse against City, and shall name City as an additional
insured, but solely as to the real estate.
A copy of the
22 certificate of insurance naming City as an additional insured
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23 shall be provided to City forthwith.
12.
Signs.
25 Landlord agrees to provide City at Landlord's cost a store
26 front facia sign 10 feet by 3 feet (10'x3') that is lighted and
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with wording approved by the Police Department.
City may erect
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November 9, 1989
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or display, on the leased premises, any sign or advertising
matter depicting the premises as a Police Community Service
Office.
13. Hold Harmless.
City shall hold Landlord harmless from all damages caused
by City's negligence and arising out of any injury to any person
or property occurring in, on or about the premises, except the
Landlord shall be liable to City for damage resulting from the
acts or omissions of Landlord or his authorized representatives,
and Landlord shall hold City harmless from all damages arising
out of any such damage.
14. Termination.
City shall have the right to terminate this lease for any
reason by giving thirty (30) days advance written notice to
Landlord, and this lease shall terminate thirty (30) days
thereafter.
15. Amendment.
This lease 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 lease shall not be
construed as a waiver of the right to compel enforcement of such
provision or provisions, nor act to release any surety from its
obligations under this lease.
16. 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:
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November 9, 1989
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LANDLORD
CITY
Do III Lee and Kyung Ae Lee
127 Orange Park
Redlands, CA 92374
Chief of Police
466 West 4th street
San Bernardino, CA 92401
17. Attorney's Fees.
In the event that an action is filed by either party to
enforce rights under this agreement, the prevailing party shall
be entitled to recover reasonable attorney's fees in addition to
any other relief granted by the court.
the
IN WITNESS WHEREOF, the parties have executed this lease on
L'~LUl
/.;1-cL day of
, 1989.
LANDLORD
LANDLORD
~p,
D~ 11 Lee
Ic;jurf tve- J~J!r
K11g Ae Lee
ATTEST:
CITY OF
~$lP~V
crtYClerk
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
BY:~
/
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November 9, 1989
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