HomeMy WebLinkAbout1985-188
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RESOLUTION NO. 8S-l88
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A RENTAL AGREEMENT WITH THE BOARD OF WATER
3 COMMISSIONERS FOR USE OF THE CULTURAL CENTER LOCATED AT THE
NORTHWEST CORNER OF ELEVENTH STREET AND E STREET.
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'I BE IT RESOLVED BY THE
I SAN BERNARDINO AS FOLLOWS:
SECTION l. The Mayor
of the City of San Bernardino is hereby
MAYOR AND COMMON COUNCIL OF THE CITY OF
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authorized and directed to execute on behalf of said City a Rental
IAgreement with the Board of Water Commissioners for use of the
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I Cultural Center located at the northwest corner of Eleventh Street
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II and E Street, a copy of which is attached hereto, marked Exhibit
II "A" and incorporated herein by reference as fully as though set
forth at length.
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I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
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Bernardino at a
regular
meeting thereof, held on
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the 20th day of
, 1985, by the following vote,
Hay
17 to wit:
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AYES:
Council Members
Castaneda, Reilly, Hernandez,
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Marks, Frazier, Strickler
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NAYS:
None
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IOf
!APprOVed aa~
i'l '::?~ L ~,
, "/?a/~
II~ity ttor ey
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day
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ABSENT:
Council member Quiel
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~U'4.?$~~
/ City Clerk
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The foregoing resolution is hereby
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May
, 1985.
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RENTAL AGREEMENT
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(Cultural Center)
THIS RENTAL AGREEMENT is entered into this .!3;:~1 day of
;rll~ ' 1985, between the CITY OF SAN BERNARDINO, a
municip 1 corporat~on, referred to as "Tenant", and the BOARD OF
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WATER COMMISSIONERS, referred to as "Landlord".
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The parties agree as follows:
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1. Recitals.
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A. Landlord is the owner of certain real property with
10 improvements thereon, said property being located at the northwest
11 corner of Eleventh Street and E Street, San Bernardino,
12 California.
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B. Pursuant to a lease and agreement between the
14 parties, the property has been used by Tenant as a Cultural Center
15 for approximately 20 years.
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C. Landlord contemplates that the property will not be
17 needed for Municipal Water Department use during the term of this
18 agreement.
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D. Tenant desires to continue to use the premises for
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I municipal public purposes.
I E. The parties desire to enter
I Agreement setting forth their respective
~ respect to the subject property.
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rights and duties with
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into this Rental
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2.
Landlord hereby rents to Tenant the premises,
Property.
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consisting of one building approximately l3,024 square feet in
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I size, and parking facilities adjacent thereto, situated upon real
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III property located at 536 West Eleventh Street, San Bernardino,
I California.
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3. Term. The term of this agreement shall be ten years
2 commencing May l5, 1985.
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4. Automatic Renewal if No Notice Given. This agreement
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will renew itself from year to year unless either party notifies
Ilthe.oth~r of termination in writing at least six months before the
lexp~rat~on of any such year.
I 5. Rental. As rental payment for the premises, Tenant
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II agrees to pay Landlord the total sum of ONE DOLLAR ($l. 00) during
Ithe term hereof payable by Tenant upon execution of this Rental
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Agreement.
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6. Use of Premises. Tenant shall use the premises for park,
12 recreational, cultural and educational purposes for the residents
13 of the City of San Bernardino. Further, Tenant may use the
14 premises as a Community Police Center.
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7. Utilities. Tenant agrees to pay, before delinquent, all
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charges for water, electricity, gas, or other utilities provided
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or furnished or used on the premises during the term of this
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8.
Maintenance.
Tenant agrees, at its own expense, to
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[had and obtained.
10. Fixtures.
Tenant may, upon termination of this Rental
3 Agreement, remove from said premises any shelving, fixtures,
4 equipment and personal property belonging to Tenant.
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ll. Subletting. The rights of Tenant shall not be assigned
6 or sublet to any other person, firm or corporation without
7 Landlord's prior written consent.
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l2. Access of Premises. Landlord shall have access to the
9 premises at any and all reasonable times to inspect and to
10 determine compliance with this agreement.
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13. Compliance with Laws. Tenant shall not violate, nor
12 allow the violation of, any law of the city, state or federal
13 government in conducting its operations under this Rental
14 Agreement.
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l4. Insurance. Tenant shall obtain, at its expense, and
16 keep in full force and effect during the term of this Rental
17 Agreement, insurance coverage protecting the premises from fire
18 and earthquake damage at the current market value, determined by
19 I the parties by April 30th of each odd year.
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l5. Hold Harmless. Tenant shall hold Landlord, its
! appointive board, officers, agents and employees, harmless from
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!Iany liability for damage or claims for damage for personal injury,
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II including death, as well as from claims for property damage which
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Ii may arise from Tenant's operations under this Rental Agreement.
"Tenant's operations" include operations by Tenant or by anyone
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lor more persons directly or indirectly employed by, or acting as
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!agent for Tenant. Tenant agrees to, and shall, defend Landlord
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: and its appointive board, officers, agents and employees, from any
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I, sui ts or actions at law or in equi ty for damages caused, or
II alleged to have been caused, by reason of any of Tenant's
I operations, and shall payor cause to be paid any claim City
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4 determines should be paid or judgment against Landlord based on
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5 I this Rental Agreement.
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16. Successors, Etc. The covenants and conditions of this
lagreement shall apply to and bind the successors and legal
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I representatives of the parties hereto and all covenants are to be
I construed as conditions.
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II premises at the end of the term of this Rental Agreement to the
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I Landlord in the same condition as when it took possession,
I allowing for reasonable use and wear.
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l7.
Surrender of Premises.
Tenant agrees to surrender the
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Tenant agrees to remove all
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business signs or symbols placed on the premises by it before
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redelivery, and to restore to the Landlord the portion of the
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premises on which they were placed in the same condition as before
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!thelr placement.
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ii l8. No Waiver by Omission to Enforce. No acquiescence,
~failure or neglect of either Landlord or Tenant to insist on
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istrict performance of any or all of the terms hereof in one
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ii instance shall be considered or constitute a waiver of the right
if
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11 to insist upon strict performance of the terms hereof in any
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~subsequent instance.
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Ii 19. Amendment. This Rental Agreement may be amended or
only by written agreement signed by both parties.
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Notices. All notices required shall be in writing and
in person or sent by certified mail, postage prepaid,
as follows:
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Landlord
Tenant
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Board of Water Commissioners
Fifth Floor, City Hall
300 North "0" Street
San Bernardino, CA 92418
City of San Bernardino
c/o Director of Parks,
Recreation & Community Ser.
300 North "0" Street
San Bernardino, CA 92418
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21. Termination of Lease. The lease between the parties
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authorized by Resolution No. 728l, and first amendment thereto
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authorized by Resolution No. 8680, is hereby terminated by mutual
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consent upon the execution of this Rental Agreement by the duly
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authorized representatives of the parties hereto.
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IN WITNESS WHEREOF, the parties hereto have executed this
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Rental Agreement on the day and year first above written.
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"Landlord"
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BOARD OF WATER COMMISSIONERS
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ByrlJL~7n~ ~ JJJAJ'.LfvJ
. President
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"Tenant"
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CITY OF SAN
18 ATTEST:
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20 .~.{/.$.d~~ Mayor
C"i ty Cler
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Approved as to form:
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I City Attorney
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