HomeMy WebLinkAbout1980-078
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RESOLUTION NO. 90- 7.f"
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
2 EXECUTION OF A LEASE \~ITH SANTA CLAUS, INC. FOR CERTAIN PREr,lISES
LOCATED ON THE EASTSIDE OF SIERRA WAY, NORTH OF SIXTH STREET.
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BE IT RESOLVED BY THE ~~YOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTlON 1. The Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of said City a Lease
with Santa Claus, Inc. for certain premises located on the east side
of Sierra Way, north of Sixth Street, a copy of which is attached
hereto, marked Exhibit "A" 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
/t'14.P'-M)
J~ ' 1980,
AYES: Councilmen:
/ p/'t day of
meeting thereof, held on the
NAYS:
ABSENT:
by the following vote, to wit:
~A7Jt;;,h~ fhL-tt'J ~"" #'"
'r)~.",~ ~~.d
7"ku, ./
zL~-<<A7?ln_J ~'~j .~)
~.w'./ ~4P~
SHAUNIYCLARK, City- C erk
of =r~
The foregoing resolution is
, 1980.
Approved as to form:
~O
:A_t.~t"
City At orney
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LEA S E
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(Storage of Christmas Toys)
THIS LEASE is made and entered into this ::J7th day of -1..R!w.u1)).t'
1980, by and between the CITY OF SAN BERNARDINO, a municipal corporation,
hereinafter called "Lessor," and SANTA CLAUS, INC., a corporation,
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hereinafter called "Lessee".
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WIT N E SSE T H:
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1. Term. The' term of this Lease is for one year, commencing
8 upon the execution of this agreement, and terminating on conditions
9 and agreements and be entitled to collect all rents then and there-
10 after owing by the terms hereof to the Lessor herein. Lessee shall
11 have the right to terminate this lease without further liability
12 upon the service of thirty (30) days advance written notice of such
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termination by the Lessee to the Lessor or its assigns. Upon com-
pletion of the term of this lease, Lessee shall have the right to
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continue occupation of the premises herein described on a month
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to month basis and at the same rent as described herein until
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terminated by either party hereto upon thiry (30) days advance written
notice of such termination by either party to the other.
2. Rent. The total rent of this Lease is the sum of one
dollar ($1.00) per year, payable upon execution of this Lease and
each year thereafter during the term hereof.
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3. Description of Premises. Lessor leases to Lessee, and
Lessee hires from Lessor, as herein provided, the premises located
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on the East side of Sierra Way North of Sixth Street, in the City of
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San Bernardino, County of San Bernardino, State of California, known
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as 160 East Sixth Street and described as follows:
Being portion of the following described property and
delineated in Exhibit "A" attached.
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All that real property situated in the City and County
of San Bernardino, State of California, described as:
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Those portions of Lots 1, 2 and 3, Block 4, RANCHO SAN BER-
NARDINO, as per plat recorded in Book 7 of Maps, page 2,
records of said County, described as follows:
BEGINNING at the easterly line of Sierra Way, 82.50
feet wide, and the northerly line of Sixth Street, 41.25
feet wide;
thence north along the easterly line of said Sierra Way
341. 20 feet;
thence North 890 58' 00" Eas t a di stance of 867.70 feet
to a point on the east line of the west half of said Lot 3;
thence South 000 12' 00" East along the east line of
said west half of Lot 3 a distance of 341.20 feet to a
point on the south line of said Lot 3;
thence west along the south lines of said Lots 3, 2
and 1 a distance of 867.70 feet to the POINT OF BEGINNING.
EXCEPT THEREFROM that portion of said Lot 1 conveyed
to San Bernardino, Arrowhead and Waterman Railroad by
deed recorded July 7, 1891 in Book 137 of Deeds, Page 72.
ALSO EXCEPT THEREFROM that portion of said Lot 3
conveyed to San Bernardino, Arrowhead and Waterman Railroad
by deed recorded July 30, 1888, in Book 81 of Deeds, Page
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4. Use of Premises. The premises are leased to the Lessee for
the collection, repairing, assembling and distribution of Christmas
toys and equipment.
5. Payment of Utilities. Lessee shall pay for all utilities
furnished the premises for the term of this Lease, including electricity, ,
~, water, rubbish removal, and telephone service.
6. Duty to Maintain and Repair Premises. Lessee agrees, at its
own expense, to maintain the. leased premises and appurtenances thereto
in good repair, and in at least as good condition as that in which they
were delivered, allowing for ordinary wear and tear.
7. Lessor's Written Approval Required for Alterations of Premises.
Lessee shall not have the right to make any alterations, improvements,
or additions to the leased premises without first obtaining the prior
written consent of Lessor.
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8. No Waste, Nui sance, or Unlawful Use. Lessee sha 11 not commit,
or allow to be committed, any waste on the premises, or nuisance,
nor shall it use or allow the premises to be used for an unlawful
purpose.
9. Improvements. All improvements made to the premises by
Lessee shall remain the property of Lessee, and may be removed by
Lessee upon the termination of this Lease.
10. Lessee to Carry Liability Insurance. Lessee agrees to procure
and maintain in force during the term of this Lease and any extension
thereof, at its expense, public liability insurance in companies and
through brokers approved by Lessor, adeauate to protect against liability
for damage claims through public use of or arising out of accidents
occurring in or around the leased premises, in a minimum amount of
one hundred thousand dollars ($100,000) for each person injured, three
hundred thousand dollars ($300,000) for anyone accident, and twenty-five
thousand dollars ($25,000) for property damage. Such insurance policies
shall provide coverage for Lessor's contingent liability on such claims
or losses. A certificate of insurance shall be delivered to Lessor.
Lessee agrees to obtain a written obligation from the insurers to notify
Lessor in writing at least thirty (30) days prior to cancellation or
refusal to renew any such policies. Lessee agrees that, if such in-
surance policies are not kept in force during the entire term of this
Lease and any extension thereof, Lessor may procure the necessary
insurance, pay the premium therefor, and that such premium shall be
repaid to Lessor.
11. Property Taxation. Lessee recognizes and understands that
this lease may create a possessory interest subject to property taxa-
tion and that the Lessee may be subject to the payment of property
taxes levied on such interest. Lessee agrees to and shall hold harmless
the City, its elective and appointive boards, commissions, officers,
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12. No Use that Increases Insurance Risk. Lessee agrees not to
use the premises in any manner, even in its use for the purposes for
which the premises are leased, that will increase risks covered by
insurance on the building where the premises are located, so as to
increase the rate of insurance on the premises, or to cause cancellation
of any insurance policy covering the building. Lessee further agrees
not to keep on the premises, or permit to be kept, used, or sold thereon,
anything prohibited by the policy of fire insurance covering the premises.
Lessee agrees to comply with all requirements of the insurers applicable
to the premises necessary to keep in force the fire and public liability
insurance covering the premises and building at its own expense.
13. No Assignment or Sublease Without Lessor's Consent. Lessee
shall not assign this lease, or any interest therein, or sublet the
leased premises, or any part thereof, or any right or privilege appur-
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the premises or any part of them, without I
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Lessor's consent to one 1
tenant to it, or allow any person other than Lessee and its agents and
employees to occupy or use
first obtaining Lessor's written consent thereto.
assignment, sublease, or use shall not be a consent to any subsequent
assignment or sublease, or occupancy or use by another person. Any
unauthorized assignment or sublease shall be void, and shall terminate
this Lease at the Lessor's option. Lessee's interest in this Lease
is not assignable by operation of law without Lessor's written consent.
14. Lessor's Entry for Inspection. Lessor reserves the right to
enter on the premises at reasonable times to inspect them.
15. Eminent Domain: Condemnation of Entire Premises. In the
event that all of the demised premises be taken or condemned for any
public or quasi-public use, this Lease shall terminate as of the date of
said taking. The award for such taking of said premises shall belong to
Lessor.
16. Lessee to Hold Harmless. Lessee hereby agrees to, and shall,
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hold Lessor, its elective and appointive boards, commissions, officers,
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agents and employees harmless"from any liability for damage or claims
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for damage for personal injury, including death, as well as from claims
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for property damage which may arise from Lessee's operations under
this agreement, whether such operations be by Lessee or by anyone or
more persons directly or indirectly employed by or acting as agent for
Lessee. Lessee agrees to and shall defend Lessor and its elective and
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appointive boards, commissions, officers, agents and employees from
any suits or actions at law or in equity for damages caused, or alleged
to have been caused, by reason of any of Lessee's operations hereunder.
17. Termination. The Lease may be terminated by either of the
parties hereto by the giving of thirty (30) days' advance written notice
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of said termination.
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18. Amendment. This Lease may be amended or modified only by
written agreements signed by both parties and failure on the part of
either party to enforce any provision of this Lease shall not be
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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.
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19. Notices. All notices herein required shall be in writing and
delivered in person or sent by first class mail, postage prepaid,
addressed as follows:
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City of San Bernardino
300 North "D" Street
San Bernardino, Ca 92418
Santa Claus, Inc.
P.O. Box 2642
San Bernardino, Ca
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IN WITNESS WHEREOF, the parties hereto have executed this
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Lease on the date first hereinabove written.
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ATTEST:
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~/L1//.1<~~
e-lty Clerk: SHAU CLARK
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Approved as to form:
~~~,~ ~
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-
City At orney
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CITY OF SAN BERNARDINO
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