HomeMy WebLinkAbout1987-443
11-23-07
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RESOLUTION NO. 87-443
2 A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF A LEASE WITH COMMUNITY DEVELOPMENT DIVISION OF THE CITY OF SAN BERNARDINO
3 RELATING TO THE LEASE OF SPACE IN CITY HALL.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
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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
Community Development Division of the City of San Bernardino relating to the
lease of space in City Hall. a copy of which is attached hereto. marked
Exhibit "A" and incorporated herein by reference as fully as though set
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forth in 1 ength.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a __~~lar
meeting thereof. held on the
day of
f)pr'pmhpr
1987. by
?l<::t-
the fo 11 owi n9 vote to wi t:
AYES :
Council Members
R<::t-rrlnrl Rpilly Flnrp!'; Mnlld!';lev Minor
Miller
NAYS : None
ABSENT
Council Member Pope-Ludlam
The foregoi n9 reso 1 uti on is hereby
~/p:f?4//~t
./ Ci ty Clerk
thi s ~). J:) ^-cL day of
(', ~
) ) .0 ,~ /ffi .
. 1987.
and
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11-23-87
LEA S E
(City Hall Offices of the Community Development Division)
TH IS LEASE is made and entered into thi s /;{t;-4- day of
\
\"'/1!:~/~ · 19 IT . by and between the CITY OF SAN BERNARDINO,
a munic;,~,pal corporation, hereinafter called "Lessor", and the COMMUNITY
DEVELOPMENT DIVISION OF THE CITY OF SAN BERNARDINO, hereinafter called
"Lessee".
WIT N E SSE T H
WHEREAS, Lessor is the builder and the owner of the City Hall building
located at 300 North "D" Street, San Bernardino, California; and
WHEREAS, Lessee desires to lease space in City Hall building from
Lessor for use as office space.
NOW THEREFORE, the parties hereto, in consideration of the terms,
covenants and conditions herein contained, agree as follows:
1. Leased Property. Lessor hereby leases to Lessee approximately 2,156
square feet of office space located on the fifth floor of City Hall, located
at 300 North "D" Street, San Bernardino, California, more particularly shown
and described in Exhibit "A-I" attached hereto, upon the terms and
conditions hereinafter set forth.
2. Term. The term of this lease shall be from September 15, 1986
through June 30, 1990. This lease shall be renewed thereafter by the parties
for one additional 3-year term unless the lessee gives written notice on
non-renewal to Lessor at least 6 months prior to the end of said term. Said
renewal shall be at the rate of $32,340.00 per year, calculated at the rate
of $1.25 per month per square foot for 2,156 square feet; provided, that
lessee shall pay any mutually approved costs for structural alterations,
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Exhibit "All
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11-23-87
remodeling, repair, maintenance, and other expenses, as necessary and
relating to the continued occupancy of the leased space.
3. Base Rental, Annual Payment. Lessee agrees to pay to Lessor the
rental payments due hereunder in an annual lump sum lease payment made on or
before July 1st of each fiscal year, with the first annual lump sum payment
commencing on September 15, 1986, or at a date thereafter to which the
parties agree. Annual rental shall be at the rate of $32,340.00 per year,
payable in advance. If agency occupies additional space, such additional
space shall be chargeable at the rate of $1.25 per square foot per month, or
$15.00 per square foot per year.
5. Purposes. Lessee agrees to use said building for normal office and
administrative purposes and to keep the interior areas of said building in
good condition, normal wear and tear excepted.
6. S t r u c t u r a 1 t~ a i n te n a n c e. L e s s 0 rag r e est 0 r e p air and m a i n ta i nth e
exterior and structural portions, including the roof of said building, in
water-tight and weatherproof condition, and to repair and be responsible for
any interior damage to the building resulting from exterior and structural
defects in said building. Lessee agrees to maintain and repair interior
areas of leased premises.
6. Access to Premises. The Lessor shall have access to said leased
premises at any and all reasonable times to inspect the same or to otherwise
determine compliance with the lease by Lessee.
7. Subletting. The rights of the Lessee hereunder may not be assigned
or sublet to any person, firm or corporation without the written consent of
the Lessor first had and obtained, provided that the consent is not
unreasonably withheld.
8. Liens. Lessee agrees to keep the leased premises free and clear of
mechanic's liens that might arise out of Lessee making any repairs or
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1 improvements on said premises.
2 9. utilities, services and Parking. lessor shall provide to Lessee,
3 without cost, the sarre utili ties and building services furnished by it to
4: other City departIrents occupying the building, with the exception of
5 telephone and communication services. lessee shall have t..~e right to use
6 parking areas made available for general City purposes, except for any
7 parking spaces or areas designated by lessor as not available for general
8 City purposes. 'Ihe parking spaces rrade available to.. Lessee shall be of
9 sufficient number to provide adequate parking fer the operation and
10 administration of lessee's office and business operation.
11 10. Surrender of Premises. Should Lessor need the space hereby leased
12 to Lessee for City operations and demand that Lessee surrender the
13 premises, or any portion of the demised premises, during the tenn of this
14 lease, or any of its extensions, then and in that event upon Lessee's
15 surrender, Lessor shall promptly refund all rronies expended on rental as yet
16 unused.
17 11. Insurance. Lessee agrees to purchase and rna.intain during the term
18 hereOf, public liability insurance to protect against any liability to the
19 public, incident to the use of or resulting from any accident occurring in or
20 about said premises, as occupied by Lessee, if required by Lessor and provid-
21 ed by Lessee. lessee shall furnish Lessor with certificates of insurance as
22 evidence of Lessee's corrpliance with the foregoing provisions, if so required.
23 12. Termination. Either party may tenninate this lease without cause by
24 giving thirty (30) days prior written notice of the effective date of such
25 tennination to the other party.
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12/10/87
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11-23-37
13. Fixtures. All improvements and fixtures which may be placed on the
property by the Lessee shall be removed be Lessee within ten (10) days after
the termination of this lease, as provided elseswhere herein. If not removed
within said ten days, Lessor may, after notice to Lessee, remove and store
said improvements at Lessee's expense, any such property not claimed by
Lessee within thirty days after notice, shall be deemed abandoned, and shall
become the property of Lessor. Lessee shall leave leased premi ses in the
same condition as existed on the date of its occupancy, normal wear and tear
excepted.
14. Building Rules and Regulations. Lessee agrees to conform to and
abide by any and all building rules and regulations uniformly applicable to
tenants of City Hall such as shall be established by Lessor upon occupancy
of the City Hall by Lessee, or as such rules and regulations shall be
adopted on, amended, or revised during the term of this lease by Lessor.
15. Notices. All notices to be given by either party to the other
shall be given in writing, delivered either personally or by first class
United States mail, to the address for the parties as follows:
LESSOR: City Clerk
city Hall, 300 North 11011 Street
San Bernardino, California 92418
LESSEE: Director, Community Development Division
City Hall, 300 North "011 Street
San Bernardino, California 92418
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11-23-87
IN WITNESS WHEREOF, the parties hereto have executed this lease on the
date first hereinabove written.
ATTEST:
CITY OF SAN BERNARDINO
~'~ ~/ / ..
,4 .'?'rM/}*!~( <7z11/:/
City Clerk
g~1~JJJdMi
r~aYor /
COMMUNITY DEVELOPMENT DIVISION
By L.~ 0.{-k~
By
Approved as to form
and legal content:
~~ 7.jt~
(J ty Attorney
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AREA LEASE D 10
-COI1"UNITY DEVELDP"CNT
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WEST PORTlolJ Of ClfV HRLl. r/fTtI FLMJR
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Exhibit "A-I"
_, _11 -? 1- H7