HomeMy WebLinkAbout1988-016
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RESOLUTION NO. 88-16
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO RELATING TO THE PUBLIC ENTERPRISE CENTER - CATV
STUDIO.
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
a Lease with the Redevelopment Agency of the City of San
Bernardino, relating to the Public Enterprise Center - CATV
Studio, marked Exhibit "An, and incorporated herein by reference
as fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
reqular
meeting thereof, held
19th day of
Januarv
, 1988, by the
on the
following vote, to wit:
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AYES:
Council Members Estrada. Reilly. Flores.
Maudsley. Minor. Pope-Ludlam. Miller
NAY S :
None
ABSENT:
None
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./ City Clerk
1-11-88
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1 The foregoing resolution is hereby approved h' '"7/.1-- day
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2 of January
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Satl Bernardino
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Approved as to form
6 and legal content:
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8 y Attorney
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5 THIS LEASE effective as of July 1, 1988, by and between the
6 Redevelopment Agency of the City of San Bernardino, a public
7 body, corporate and politic of the State of California
8 (hereinafter called "Lessor"), and the City of San Bernardino, a
9 municipal corporation (hereinafter called "Lessee").
10 WITNESSETH:
11 WHEREAS, Lessor owns the real property located at 1505 West
12 Highland Avenue, San Bernardino, California, where the premises
13 are located; and
14 WHEREAS, heretofore the Lessor has received an Order from
15 the Bankruptcy Court to take possession of the premises from
16 Operation Second Chance, Inc., the previous Lessor of the
17 premises pursuant to the certain lease dated February 15, 1982,
18 between Operation Second Chance, Lessor, and the City of San
19 Bernardino, Lessee.
20 NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
21 1. Lessor does hereby demise and let unto Lessee the
22 following described premises, to wit: a portion of the building
23 located at 1505 West Highland Avenue, San Bernardino, California,
24 which portion of said building is described as follows: an area
25 of approximately 1,383 square feet on the main floor, the
26 location of which is shown on Exhibit "A" attached hereto and
27 incorporated herein.
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LEA S E
CITY OF SAN BERNARDINO
("PUBLIC ENTERPRISE CENTER" - CATV STUDIO)
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1 TO HAVE AND TO HOLD the same, with the appurtenances
2 thereunto belonging unto the Lessee for and during the term of
3 three years, beginning on the 1st day of July, 1988, and ending
4 on the last day of June, 1991, at a rental schedule as more
5 particularly set forth in Exhibit "B" attached hereto and
6 incorporated herein by reference.
7 Upon the expiration of this Lease, Lessee has an option to
8 renew for two successive three-year terms subject to the parties
9 using their best efforts to negotiate a mutually agreeable rental
10 rate.
11 Either party, with or without cause, may terminate this
12 lease effective June 30, 1989, or June 30, 1990, by providing
13 written notice to the other party at least sixty (60) days prior
14 to such termination date. If Lessor terminates this lease under
15 this provision then Lessor shall pay the reasonable location
16 expenses for the installed equipment purchased from Carrera
17 Studios.
18 2. Lessee herein covenants by and for itself and its
19 assigns, and all persons claiming under or through it, and this
20 Lease is made and accepted upon and subject to the following
21 conditions:
22 That there shall be no discrimination against or
23 segregation of any person or group of persons, on account of
24 race, color, creed, religion, sex, marital status, national
25 origin, ancestry or physical handicap, in the leasing,
26 subleasing, transferring, use, occupancy, tenure, or enjoyment of
27 the premises herein leased nor shall the Lessee itself, or any
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person claiming under or through it, establish or permit any such
practice or practices of discrimination or segregation with
reference to the selection, location, number, use or occupancy,
of tenants, lessees, sublessees, subtenants, or vendors in the
premises herein leased.
3. Lessee does hereby covenant and agree with said Lessor
to:
(a) Pay said rent at the time and place and in
the manner aforesaid;
(b) Use and occupy said premises for offices and
CATV Studio purposes only and in a careful and
proper manner;
(c) Not commit any waste therein;
(d) Not use or occupy said premises for any
unlawful purpose; and to conform to and
obey all present and future laws and
ordinances, and all rules, regulations,
requirements and orders of all governmental
authorities or agencies, respecting the use
and occupation of (but not repairs or
alterations in or to) the demised premises;
(e) Not assign this lease, or underlet said
premises, nor any part thereof, without
the written consent of the Lessor; which
consent shall not unreasonably be withheld.
Any assignee or sublessee shall obtain and
maintain a policy of liability insurance
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(f)
(g)
(h)
(i)
covering its operations in an amount not less
than one million dollars ($1,000,000) combined
single limit and naming the Redevelopment
Agency of the City of San Bernardino, its
officers, agents and employees as additional
insureds. Such policy of insurance shall be
kept in full force and effect during the
entire term of the assignment or sublease;
Not use or occupy said premises, or permit
the same to be used or occupied, for any
purpose or business deemed extra-hazardous
on account of fire or otherwise;
Make no alterations or additions in or to
said premises without the written consent
of said Lessor, which consent shall not
unreasonably be withheld;
Leave the premises at the expiration or
prior termination of this lease or any
renewal or extension thereof, in as
good condition as received, excepting
reasonable wear and tear, and excepting
damage arising from the negligence or
default of the Lessor, its agents, employees,
or from any of the causes set forth in
paragraph Sea);
Permit the Lessor to enter upon said
premises at all reasonable time to examine
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(j )
(k)
(1 )
(m)
the condition of the same;
Indemnify and save harmless the Lessor from
and against any loss, damage and liability
occasioned by, growing out of, or arising
or resulting from any default hereunder, or
tortious or negligent act on the part of
Lessee, its agents or employees;
Not to inscribe, paint, affix, or display
any sign, advertisement or notice on any
doors, windows or walls of said building
without the priior written consent of the
Lessor. Lessor shall provide Lessee with
area display for occasional announcement
of events, activities, or notices;
Abide by all rules and regulations adopted
by Lessor for the reasonable conduct of the
operation and control of said premises as
initially shown on Exhibit "E" attached
hereto and incorporated herein;
Pay and be liable for all costs, damages and
reasonable attorney's fees incurred by the
Lessor in any successful action or proceeding
in court taken to enforce the obligations hereof,
and any judgment rendered in favor of the Lessor
in any such action shall be a lien upon the
right of possession of the Lessee in said
demised premises;
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Maintain and replace the plastic protector
floor mats under all chairs that move on rollers
as initially provided by Lessor, in order to
minimize wear and tear and damages to the
property;
Keep the inside of the premises in good order
and repair, during the term, and upon failure
so to do, the Lessor shall have the right to
give notice in writing to the Lessee
specifying the damages caused by or arising
from the negligence of the Lessee, excepting
reasonable normal wear and tear; the Lessor
shall have the right to make such repairs and
to add the amount of the cost of them to the
rent due under this lease on the first day of
the month following the date of the repairs;
and the cost of such repairs shall be, and
constitutes, such rent, together with the rent
herein provided for, and except as otherwise
provided as normal repairs made by the Lessor;
Pay on demand as part of the rent any increase
of premium for insurance of the building or
premises, or any part, above the least
hazardous rate, for the business mentioned
in this lease, that may be imposed in
consequence of the use or occupation by the
Lessee, or that may be due, in any way,
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directly or indirectly, to the use and
occupation of the premises by the Lessee;
(q) Keep, save and hold harmless the Lessor
from any and all damages and liability for
anything and everything whatever arising
from, or out of, the occupancy by Lessee,
and from any loss or damage arising from
any fault or negligence by the Lessee, or
any failure on the Lessee's part to comply
with any of the covenants, terms and conditions
contained in this Lease.
4. Lessor on its part covenants and agrees with the
Lessee that it will:
(a) Pay for electricity, water, refuse, sewage,
heat, including supplies, and automobile
parking facilities without additional cost
to Lessee;
(b) Furnish security, janitorial service, and
ground maintenance without additional cost
to Lessee, as set forth in Exhibit ncn
and nDn attached hereto and incorporated
herein by reference.
S. It is mutually agreed by and between the Lessor and
Lessee that:
(a) If, during the term hereof, the demised premises
or any part thereof are rendered untenantable
by public authority, or by fire or the elements,
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(b)
or other casualty (except such as shall have
resulted from the negligence of the Lessee), a
proportionate part of the rent herein reserved
(whether paid in advance or otherwise), shall be
abated and suspended according to the extent
of such untenantability, until the premises are
again made tenantable and restored to their
former condition by the Lessor; and if the
premises or a substantial part thereof are
thereby rendered untenantable and so remain
for a period of sixty (60) days, the Lessee
may at its option, terminate this lease by
written notice to the Lessor; provided,
however, that if the premises cannot by
reasonable efforts be restored to their former
condition within sixty (60) days, either the
Lessor or the Lessee shall have the option of
terminating this lease by written notice to
the other.
If the demised premises shall be condemned or
acquired by the exercise of the power of eminent
domain, then this lease shall terminate at the
time possession shall be required, and the Lessee
shall be relieved of all future rental payments
hereunder. All damage suffered in settlement or
awarded for such taking for any public purpose
shall belong to and be the property of the Lessor
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(c)
(d)
(e)
whether such damage shall be awarded as compensation
for diminution in value to the leasehold or to the
fee of the premises herein demised. However, Lessee
shall be entitled to receive from the condemning
agency, but not from Lessor, all expenses which it
may reasonably incur in relocating as a result of
such condemnation or exercise of the power of eminent
domain;
All fixtures and/or equipment of whatsoever nature
as shall have been installed in the demised premises
by the Lessee, whether permanently affixed thereto
or otherwise, shall continue to be the property of
the Lessee, and may be removed by it at the
expiration or termination of this lease or any
renewal or extension thereof; provided, however,
the Lessee shall at its own expense repair any
injury to the premises resulting from such removal;
If the Lessee shall pay the rent as herein
provided, and shall keep, observe and perform all
the other covenants of this Lease by it to be kept,
performed and observed, the Lessee shall and may
peaceably and quietly have, hold, and enjoy the
said premises for the term aforesaid;
If the Lessee shall at any time be in default in
the payment of rent herein reserved, or in the
performance of any of the covenants, terms,
conditions or provisions of this Lease and the
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(f)
Lessee shall fail to remedy such default within
thirty (30) days after written notice thereof from
the Lessor, or if the Lessee shall be adjudged a
bankrupt, or shall make an assignment for the
benefit of creditors, or if a receiver of any
property of the Lessee in or upon said premises be
appointed in any action, suit or proceeding by or
against the Lessee. or if the interest of the
Lessee in said premises shall be sold under
execution or other legal process, it shall be
lawful for the Lessor to enter upon said premises,
and again have, repossess and enjoy the same as if
this Lease had not been made, and thereupon this
Lease and everything herein contained on the part
of the Lessor to be done and performed shall cease
and determine, without prejudice however to the
right of the Lessor to recover from the Lessee all
rent due up to the time of such entry. In case
of any such default and entry by the Lessor, said
Lessor may relet said premises for the remainder
of said term for the highest rent obtainable, and
may recover from the Lessee any deficiency between
the amount so obtained and the rent herein reserved;
This Lease and all covenants, provisions and
conditions herein contained shall inure to the
benefit of and be binding upon the successors and
assigns of the parties hereto; provided, however,
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that no assignment from, through or under the Lessee
in violation of any of the provisions hereof shall
vest in the assigns any right, title or interest
whatever.
6. By executing this Lease the parties acknowledge that
they have mutually inspected the property and agree to accept it
in its current condition.
7. Any notices to be given under this lease shall be in
writing and deposited with the United States Postal Service,
postage prepaid and addressed as follows:
City
Agency
City Administrator
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Executive Director
Redevelopment Agency
300 North "D" Street
San Bernardino, CA 92418
Nothing in this paragraph shall be construed to prevent the
giving of notice by personal service.
8. It is mutually agreed that at any time during the term
18 of this lease, or any extension thereof, if Lessor determines to
19 lease any portion of the subject building immediately adjacent to
20 that portion leased herein, it shall notify Lessee in writing of
21 the rent for which Lessor is willing to lease said space. Lessee
22 shall then have twenty-one (21) days within which to indicate in
23 writing to Lessor that Lessee elects to lease said space. A
24 failure to deliver this written notice to Lessor within the
25 specified time period shall serve as an absolute waiver of
26 Lessee's right of first refusal with respect to that particular
27 space, although not as to subsequent adjacent spaces as they are
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1 proposed for lease. If Lessee elects to rent such additional
2 space, the rent payable by Lessee under this lease shall be
3 increased by the amount of the rent for such additional space as
4 indicated in the written notice of availability from Lessor. The
5 term of the lease on said additional space shall be the same as
6 the remaining term on Lessee's original space under this lease,
7 including any extension therefor. Lessee shall accept any such
8 additional space on the condition in which it is offered, and
9 Lessor does not warrant to make any improvements or alterations
10 with respect to said additional space, unless otherwise agreed in
11 writing. Except as provided in this paragraph, all other terms
12 and conditions of this lease shall apply to the lease of any
13 additional space under the terms of this paragraph. Lessee's
14 right of first refusal as set forth in this paragraph does not
15 extend to any renewal or extension of a lease with another
16 tenant, whether now existing or entered into in the future. In
17 the event that Lessee exercises its right of first refusal under
18 this paragraph with respect to any space, the parties hereto
19 shall immediately execute an amendment to this lease, setting
20 forth the specific space to be leased and the amount of rent
21 therefor. In the event that Lessee does not exercise its right
22 of first refusal with respect to any space, Lessor shall have the
23 right to lease said space to a third party for the same rent, and
24 for any term which it deems necessary.
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1 IN WITNESS WHEREOF, the parties hereto have executed this
2 Lease effective as of the date first hereinabove written.
ATTEST:
14 cAh//724/ ~fid
tity Clerk
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Approved as to form
17 and legal content:
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REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
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By 'i;(~1",-)?J d~4/
.-" . Cha 1 rman ....
~~~SAN BERNA~
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By// LI<l~ ,/ \Gee.;/
Mayor i~'1I?1 .
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EXHIBIT -B-
RENTAL SCHEDULE
1st year - $0.71 per square foot per month
2nd year - $0.74 per square foot per month
3rd year - $0.77 per square foot per month
Area to be occupied: 1,383 square feet
Monthly Rent:
1st year - $ 981.93
2nd year - $1,023.42
3rd year - $1,064.91
Annual Rent:
1st year - $11,783.16
2nd year - $12,281.04
3rd year - $12,778.92
Commencing on the 1st day of July 1987, and ending on the last
day of June 1990.
The above includes use of security, parking, including supplies,
utilities, refuse sewage, and structural insurance expenses.
Als~ includes use of the conference room, multi-purpose meeting
room, lobby, display and restrooms.
All said rent shall be paid at the office of the Lessor in San
Bernardino, California.
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EXHIBIT C
Janitorial an4 Maintenance Specifications
Dailv Servie.
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Empty an4 clean ashtrays, wastebaskets an4 other trash
receptacles.
· Remove an4 deposit all trash into designate4 piCkup
containers.
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Dust all desks, chairs, table., filing cabinets an4 all
other office furniture.
Dust-mop all tile an4 linoleum floors plus stairs and
lounges.
Vacuum trails in carpet..
Spot clean gla.s an4 doors at entrance.
Clean and sanitize drinking fountains.
Clean washroom fiztures an4 sanitize.
Refill washroom dispensers.
. Wet-mop washroom floors with detergent and sanitize.
Wash splash marks from walls around sinks an4 mirrors.
Keep deodorant blocks in urinals at all times.
Sweep porch, steps and sidewalk around.bui14ings.
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Weekly Serviee
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Wash all desks an4 table tops that are clear of material.
Wash all glass doors and aluminum castings on doors.
Damp mop all tile and linoleum floors and buff.
Vacuum entire carpet.
Dust all window sills.
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Spot clean doors, walls and woodwork.
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Strip mop, waz and buff all tile an4 linoleum floors when
needed.
Shampoo entire carpet areas when needed.
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EXHIBIT
D
Maintenance of Landscaoe
1. Mow all lawn areas once per week.
2. Weeding all planters when needed.
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3. Spraying and fertilizing all lawn areas every 60 days.
4. Spraying of bugs on shrubs when needed.
5. Wash all walks and patio once per week.
i. General cleanup on entire landscape areas once per week.
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EXHIBIT "E"
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.PUBLIC ENTERPRISE CENTER-
Ooerational Rules and Reaulations
1. Hours of Ooeration
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A. The .Public Enterprise Center- will be open for business
according to the fOllowing schedule:
Monday thru Friday - 7 A.M. to 9 P.M. less City
HOlidays.
Saturday - 1 - 5 P.M.
Closed Sundays
B. Access other than these bours must be obtained In writing
from Security Management.
2.
Security Manaaement
A. Complaints of any kind will be handled by the Security
Management.
B.
Security Management will be the only persons having keys to
the outside doors of the building and the Multi-Purpose
meeting room and Conference room
Security Management will be responsible for sCheduling
activities in the Multi~Purpose meeting room and Conference
room.
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D. Security Management will enforce all Building Rules and
Regulations.
3. Confer~v.ce Room an.d Multi-Puroo-se Meetina Ro~m
A. All Lessees may use the Conference room and Multi-Purpose
meeting room. Security Management has the responsibility
of scheduling activities; therefore, reservations for said
use by Lessees must be made through the Security Guard.
B. Reservations for use of the Conference room or
Multi-Purpose meeting room must state the date, time
beginning and ending of the activity, specific activity,
and person responsible for reservation before permission
will be granted for said use.
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aeserv.tions for u.e of tbe Conference room or
Multi-Purpose meeting room will not he vranted hy Security
Management for activiti.. considered outside of the
functional operation of the Lessee' s business such as 0_
Political meeting., Parties, Weddings, Receptions,
Community Meetings, etc., without the written authorization
of the Lessor. _ ___
D. Person responsible for reservation of Conference or
Multi-Purpose meeting rooms is also responsible to see _that
the rooms are cleaned-up to Dormal wear immediately after
use.
4. General ODerational Rules
A. There will he no unnecessary loud noise throughout the
building.
B. Any and all office furniture, fixtures, machine~ and
equipment taken from the building must be checked out with
the Security Management.
C. There will be no moving of office furniture and fixtures
from office to office without the approval of the Security
Management.
D. 80 Loitering in the LObby, and Security will he responsible
for enforcing this rule.
These. Rules and Regulations are sUbject to Change if conditions
warrant for reasonable conduct of the Operation and Control of the
-Pu~lic Enterprise Center-.
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