HomeMy WebLinkAbout1988-022
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH THE REDEVELOPMENT AGENCY OF THE CITY OF
3 SAN BERNARDINO RELATING TO THE PUBLIC ENTERPRISE CENTER -
LIBRARY.
4
5
6
7
8
9
10
11
',.
~ ~. '''.
1
RESOLUTION NO. RR /2 __
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 a Lease with the Redevelopment
Agency of the City of San Bernardino, which lease is attached
14
15
16
17
18
19
20
21
22
23 III
24 I I I
25
the
hereto, marked Exhibit "A", and incorporat~d herein by reference
26
27
28
1-21-88
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
13
12
meeting thereof, held on
Bernardino at a
regular
, 1988, by the following
1st day of
February
vote, to wit:
AYES:
Council Members Estrada, Reillv. Flores.
Maudsley, Minor, Pope-Ludlam. Miller
NAY S :
None
ABSENT:
None
cdkJ{/;?r?l~t/!~#
City Clerk'
1
V, .--
. .
,.
Resa .f~r Agreement w/RDA-PEC-Library
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
::::? . /
The foregoing resolution is hereby approved this cyA~ day
of February
, 19~. <'_,",
/; /' ../ J/1
><t~., t/! .' ,..- /..... I.' .,
,/ /'.
KC-~...c '/Lt..~u! / j/ t-,/t--c~;?
Mayor of/the City of San' Bernardino
Approved as to form
and legal content:
1-21-88
2
/. W.
1
2
3
4
5 THIS LEASE effective as of July 1, 1987, 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 3,000 square feet on the main floor known as the
26 library area number one, the location of which is shown on
27 Exhibit "A" attached hereto and incorporated herein.
28
LEA S E
CITY OF SAN BERNARDINO
("PUBLIC ENTERPRISE CENTER" - LIBRARY)
1
/. ..
-,
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, 1987, and ending
4 on the last day of June, 1990, 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, 1988, or June 30, 1989, by providing
13 written notice to the other party at least sixty (60) days prior
14 to such termination date.
15 2. Lessee herein covenants by and for itself and its
16 assigns, and all persons claims under or through it, and this
17 Lease is made and accepted upon and subject to the following
18 conditions:
19 That there shall be no discrimination against or
20 segregation of any person or group of persons, on account of
21 race, color, creed, religion, sex, marital status, national
22 origin, ancestry or physical handicap, in the leasing,
23 subleasing, transferring, use, occupancy, tenure, or enjoyment of
24 the premises herein leased nor shall the Lessee itself, or any
25 person claiming under or through it, establish or permit any such
26 practice or practices of discrimination or segregation with
27 reference to the selection, location, number, use or occupancy,
28
2
.~. -.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 office and
public library 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
covering its operations in an amount not less
than one million dollars ($I,OOO,OOO) combined
single limit and naming the Redevelopment
3
.-... .,:.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(f)
(g)
(h)
(i)
(j )
Agency or 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
the condition of the same;
Indemnify and save harmless the Lessor from
and against any loss, damage and liability
4
.-4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(k)
(1 )
(m)
(n)
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 prior 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 RER attached
hereto and incorporated herein, provided
such rules and regulations will not bee
inconsistent with operating a public library;
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;
Maintain and replace the plastic protector
5
-:
1
2
3
.{
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(0 )
(p)
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,
directly or indirectly, to the use and
6
~
1 occupation of the premises by the Lessee;
2 (q) Keep, save and hold harmless the Lessor
3 from any and all damages and liability for
4 anything and everything whatever arising
5 from, or out of, the occupancy by Lessee,
6 and from any loss or damage arising from
7 any fault or negligence by the Lessee, or
8 any failure on the Lessee's part to comply
9 with any of the covenants, terms and conditions
10 contained in this Lease.
11 4. Lessor on its part covenants an agrees with the Lessee
12 that it will:
13 (a) Pay for electricity, water, refuse, sewage,
14 heat, including supplies, and automobile
15 parking facilities without additional cost
16 to Lessee;
17 (b) Furnish security, janitorial service, and
18 ground maintenance without additional cost
19 to Lessee, as set forth in Exhibit "e"
20 and "D" attached hereto and incorporated
21 herein by reference.
22 5. It is mutually agreed by and between the Lessor and
23 Lessee that:
24 (a) If, during the term hereof, the demised premises
25 or any part thereof are rendered untenantable
26 by public authority, or by fire or the elements,
27 or other casualty (except such as shall have
28
7
~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(b)
. .
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
whether such damage shall be awarded as compensation
8
AI
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(c)
(d)
(e)
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
Lessee shall fail to remedy such default within
9
~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(f)
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, reposses 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,
that no assignment from, through or under the Lessee
10
..4
1
2
in violation of any of the provisions hereof shall
vest in the assigns of any right, title or interest
3
4
5
6
7
8 they have mutually inspected the property and agree to accept it
whatever;
(g)
The Lessee shall be responsible for maintenance and
replacement of light bulbs in study carrells provided
by Lessor for Lessee's use.
6.
By executing this Lease the parties acknowledge that
9 in its current condition.
10 7. Any notices to be given under this lease shall be in
11 writing and deposited with the United States Postal Service,
12 postage prepaid and addressed as follows:
13
City
Agency
14 City Administrator
City of San Bernardino
15 300 North "0" Street
San Bernardino, CA 92418
Executive Director
Redevelopment Agency
300 North "0" Street
San Bernardino, CA 92418
16
17
Nothing in this paragraph shall be construed to prevent the
18 giving of notice by personal service.
19 8. The parties understand that Mechanic's Bank has
20 expressed its willingness to sell to Lessor certain furniture
21 which it has received from the aforementioned bankruptcy. Should
22 such a sale materialize, the parties agree that Lessee may
23 instead make such purchase at no cost, expense or liability of
24 Lessor.
25
26
27
28
11
"
. "\
1 IN WITNESS WHEREOF, the parties hereto have executed this
2 Lease effective as of the date first hereinabove written.
3
4
5
6
7
8
9
1
11
12
13
14
15
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
nLeSSO.I,,' ,." '1" ,',.. 1\
)E /., ,/' ./'1
~,. ~i
" / / //" /',
ir / I" / /
By (1(.)~1/V ~ 1-~4
(Chairman
Approved as to form
and legal content:
ATTEST:
CITY OF SAN BERNARDINO
nLess. ~.~., "'. "1"""'/'.. "',
!/' ~ .~)1
By (0 -,~pf{~uJ /.d4"
f Mayor
'l" /J/.
~r?Lb;7&N?7d'1P
CItY Clerk
Approved as to form
16 and legal content:
17
/)
,.
y'~:? 'y, ;e?~....,
18 ,city Attorney
t
t'
/l
....,
19
i'/'
20
21
22
23
24
25
26
27
28
12
f
I''''
~
~
!
I~
~
~
"Ir'
1
iP1' ~ tt'~l
I
I fjITj
-r-
-
-
~
I
LOMt
~---------------_..
I
I
I
I
I
I
I
I
I
,
~~.,'O I ...~
.
~~-r\C
III
.J
.
t
2
'"
.H16I-I1~AN~ .A"~J~
EXHIBIT "A"
. ..
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: 3,000 square feet
Monthly Rent:
1st year - $2,130
2nd year - $2,220
3rd year - $2,310
Annual Rent:
1st year - $25,560
2nd year - $26,640
3rd year - $27,720
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.
Also 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.
B-1
EXHIBIT C
Janitorial and Maintenance Specifications
DailY Service
Empty and clean ashtrays, wastebaskets and other trash
receptacles.
Remove and deposit all trash into designated pickup
containers.
Dust all desks, chairs, tables, filing cabinets and all
other office furniture.
Dust-mop all tile and linoleum floors plus stairs and
lounges.
Vacuum trails in carpets.
Spot clean glass and doors at entrance.
Clean and sanitize drinking fountains.
Clean washroom fiztures and sanitize.
Refill washroom dispensers.
Wet-mop washroom floors with detergent and sanitize.
Wash splash marks from walls around sinks and mirrors.
Keep deodorant blocks in urinals at all times.
Sweep porch, steps and sidewalk around buildings.
Weekly Service
Wash all desks and 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.
Spot clean doors, walls and woodwork.
Periodically
Strip mop, waz and buff all tile and linoleum floors when
needed.
Shampoo entire carpet areas when needed.
C - 1
. .'
EXHIBIT D
Maintenance of Landscaoe
1. Mow all lawn areas once per week.
2. Weeding all planters when needed.
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.
6. General cleanup on entire landscape areas once per week.
D - 1
~. .
EXHIBIT "E"
-PUBLIC ENTERPRISE CENTER-
Ooerationa1 Rules and Reaulations
1. Hours of Ooeration
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 hours 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
C. Security Management will be responsible for scheduling
activities in the Multi-Purpose meeting room and Conference
room.
D. Security Management will enforce all Building Rules and
Regulations.
3. Conference Room and Multi-Puroose Meetina Room
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.
E - 1
~ ..
'1 '
C. Reservations for use of the Conference room or
Multi-Purpose meeting room will not be granted by Security
Management for activities considered outside of the
functional operation of the Lessee's business such as
Political meetings, 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 normal wear immediately after
use.
4. General Ocerational Rules
A. There will be no unnecessary loud noise throughout the
building.
B. Any and all office furniture, fixtures, machinery 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. No Loitering in the Lobby, and Security will be 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
MPublic Enterprise CenterM.
E- 2