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HomeMy WebLinkAbout30-Police Department ciTY OF .~AN BERIQRDINO ~ REQUEST CbR COUNCIL ACTION From: Daniel A. Robbins, Acting Chief of Police Dept: Police Date: 9-20-89 Subject: Moving of the Area "A" Community Service Office from 645 N. Nt. Vernon Avenue to 5th & Herrington Synopsis of Previous Council action: In 1984, the City Council approved Resolution #84-404 authorizing a lease agreement with Alfredo EncisO to rent office space at 645 N. Nt. Vernon to be utilized as a community service office for Area "A". The lease agreement was extended through FY 1985-'86 with the approval of Resolution #85-307 on August 5, 1985. On September 8, 1986, the City Council extended the lease agreement on a month-to-month basis. Recommended motion: Adopt resolution f';!. ::; r...~j r:, ".0 (1 -.'.. (", ~. :.:: ...~;: ::.....; ',.", ......... -"', ;:-:) Signature Contact person: Lieutenant Robert W. Curtis Phone: 384-5767 Supponhlg data attached: Yes Ward: First FUNDING REQUIREMENTS: Amount: $2.385.00 Source:~'. ~'l-n~O Finance: ~,..... Council Notes: 75.0262 Agenda Item No ...!l 0 " Ci~y OF SAN BBRIORDINO - REQUEST O>>R COUNCIL ACTION .' STAFF REPORT The Police Department, since 1984, has operated a Community Service Office at 645 N. Mt. Vernon Avenue. In December 1987, a study entitled, "An Analysis of Conmunity Oriented Policing in the City of San Bernardino" identified a need to evaluate the placement of the current offices. The study reconmended that the location of these offices should be based on a site selection criteria which would include actual need, central location, optimal visibil ity, foot traffic, adequate parking and convenience to the publ ic. The Pol ice Department was forced to remove fundi ng to operate one of the two existing Area "An Conmunity Service Offices from its FY 1989-'90 budget due to mandated budget cuts. The office at 645 N. Mt. Vernon Avenue was selected as it fails to meet the selection criteria, it is the most expensive office to operate, and is the least utilized of the six city wide Conmunity Service Offices. On 7-17-89, the City Council discussed the Police Department's proposal to close the Conmunity Service Office at 645 N. Mt. Vernon due to the lack of funding to continue its operation. The City Council continued the agenda item to allow time to contact the developer, Charles Leel of the shopping center at 5th & Herrington, who had previously offerea to provide the police department with a rent free office to be used as a Conmunity Service Office. On 9-8-89, Lieutenant R. Curtis met with Mr. Lee and toured the proposed office site. Mr. Lee is prepared to offer the Police Department a 780 sq. ft. office located' in the northeast corner of the complex on a rent free basis for a period of three to five years. Mr. Lee is also willing to pay for a business sign to be flaced over the front of the office. Mr. Lee projects that the office wi 1 be ready for occupancy in 30 to 45 days. The proposed Community Service Office site meets the site selection criteria and should be selected as an alternative to the existing office at 645 N. Mt. Vernon Avenue. The following funding requirements are essential to complete the moving of the Conmunity Service Office and to provide daily, Monday through Friday, staffing of the proposed office. It is reconmended that the City Council approve the following motions: 1. Monthly rent in the amount of S300 on the existing office, from 7-1-89 to the anticipated move date of 12-1-89. Total rent that will be owed to the existing landlord is estimated at SI,500.00 prior to the move. 2. Annual maintenance costs of $180 for alarm security system service covering office. 3. Projected moving costs in the amount of $705.00 as follows: * Transfer and reinstall telephones S500 * Disconnect and reconnect electrical service $5 * Moving and reinstalling alarm system $200 TOTAL COSTS . $2,385.00 9-20-89 75.0264 .. o o 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH DO ILL LEE AND KYUNG AE LEE TO 3 LEASE CERTAIN REAL PROPERTY FOR A POLICE COMMUNITY SERVICE OFFICE FOR AREA "A". 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor is hereby authorized and directed to 7 execute on behalf of said City an agreement with DO ILL LEE and 8 KYUNG AE LEE, to lease certain real property located at 1332 West 95th Street, Suite 108, San Bernardino for a Police Community 10 Service Center for Area "A", a copy of said agreement is attached 11 hereto, marked Exhibit "A", and incorporated herein by reference 12 as fully as though set forth at length. 13 SECTION 2. The authorization to execute the above- 14 referenced agreement is rescinded if the parties to ,the 15 agreement fail to execute it within sixty (60) days of the 16 passage of this resolution. 17 I HEREBY CERTIFY that the foregoing resolution was duly 18 adopted by the Mayor and Common Council of the City of San 19 Bernardino at a meeting thereof, held on the 20 day of , 1989, by the following vote, to wit: 21 AYES: Council Members 22 23 NAYS: 24 25 ABSENT: 26 City Clerk 27 1 I 1 1 28 HE/dys November 9, 1989 1 .. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o 1 RESOLUTION...AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH DO ILL LEE ANDKYUNG AE LEE TO LEAS'E CERTAIN REAL PROPERTY FOR A 2 POLICE COMMUNITY SERVICE OFFICE FOR AREA "A". 3 4 5 6 7 8 9 The foregoing resolution is hereby approved this day , 1989. of W. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney ~ HE/dys November 9, 1989 2 ,. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 o o 1 LEASE 2 (Community Police Center) 3 4 5 6 7 8 9 THIS LEASE is made and entered into effective as of , 1989, by and between DO ILL LEE and KYUNG AE LEE, ("Landlord") and the CITY OF SAN BERNARDINO, ("City"), a municipal corporation. Landlord and City agree as follows: 1. Recitals. a. Effective on the date written above, Landlord and City agree to lease certain real property located at 1332 West 5th Street, Suite 108, San Bernardino for a Police Community Service Office. b. Landlord is the owner of the premises described above~ 2. Description of Premises. Landlord leases to City, and City lets from Landlord, as herein provided, the premises located 1332 West 5th Street, Suite 108, City of San Bernardino, County of San Bernardino, State of California, more specifically described as 780 square feet of office space at: Lots 6, 7, 8, 9 and 10, of Block 1 of Tompkin's Subdivision of Lot 1, Block 23 Rancho San Bernardino, as per map recorded in Book 5 of Maps, Page 98, in the office of the recorder of said county. 3. Term. The term of this lease is three (3) years. Landlord grants 26 City an option to renew this lease agreement for three (3) years 27 under these same terms and conditions. 28 HE/dys November 9, 1989 1 .. o o 1 4. ' Rent. 2 ,The total rent of this lease is the sum of ONE DOLLAR 3 ($1.00) per year starting with the remainder of 1989 and ONE 4 DOLLAR ($1.00) per year payable thereafter during the first month 5 of each successive calendar year. 6 5. Use of Premises. 7 The premises are leased to be used as and for a community 8 pOlice center. City agrees to restrict its use to such purposes, 9 and not to use or permit the use of the premises for any other 10 purpose without first obtaining the consent in writing of 12 11 Landlord. 6. Payment of Utilities. City shall pay for all utilities furnished the premises for 13 14 the term of this lease, including electricity, gas, water, 16 15 rubbish removal and telephone service. 7. DUty to Maintain and Repair Premises. 17 City shall maintain all interior portions of the premises 18 in good condition and shall keep windows and doors in good 19 repair. The Landlord shall be responsible for the exterior of 20 the building, except windows and doors. City shall be liable for 21 any damage above ordinary wear and tear to the interior of the 22 premises resulting from the act or omission of the City or its 24 23 authorized representatives, but not from other persons. 8. Fixtures. 25 City shall have the right to install such fixtures and 26 improvements as are necessary for the proposed use of the 27 premises, and such fixtures and improvements shall not become a 28 HE/dys November 9, 1989 2 ~ .. o o 1 part of the real property. 2 9. Alterations of Premises. 3 City acknowledges that the premises located at 1332 West 45th Street, Suite 108, San Bernardino, are in satisfactory 5 condition for the purpose of a community police center, and that 6 no alterations of these premises are contemplated by either City 7 or Landlord. 8 10. Option to Renew. 9 Landlord grants to City an option to renew this lease for a 10 period of three (3) years after the expiration of its original 11 term, on the same terms as this lease. City shall give Landlord 12 written notice of its election to renew at least thirty (30) days 13 prior to the expiration of this lease. 14 11. Fire Insurance. 15 Landlord agrees to procure and maintain in force during the 16 term of this lease and any extension thereof, at its expense, 17 fire insurance on the real property in an amount sufficient to 18 protect Landlord's interests. The policy of fire insurance shall 19 contain provisions assuring that the insurance company will seek 21 20 no recourse against City, and shall name City as an additional insured, but solely as to the real estate. A copy of the 22 certificate of insurance naming City as an additional insured 24 23 shall be provided to City forthwith. 12. Signs. 25 Landlord agrees to provide City at Landlord's cost a store 26 front facia sign 10 feet by 3 feet (10'x3') that is lighted and 27 with wording approved by the Police Department. City may erect 28 HE/dys November 9, 1989 3 (" .' o o lor" display, on the leased premises, any sign or advertising 2 matter depicting the premises as a Police Community Service 3 Office. 4 13. Hold Harmless. 5 City shall hold Landlord harmless from all damages caused 6 by City's negligence and arising out of any injury to any person 7 or property occurring in, on or about the premises, except the 8 Landlord shall be liable to City for damage resulting from the 9 acts or omissions of Landlord or his authorized representatives, 10 and Landlord shall hold City harmless from all damages arising 11 out of any such damage. 12 14. Termination. 13 City shall have the right to terminate this lease for any 14 reason by giving thirty (30) days advance written notice to 15 Landlord, and this lease shall terminate thirty (30) days 16 thereafter. 17 15. Amendment. 18 This lease may be amended or modified only by written 19 agreement signed by both parties and failure on the part of 20 either party to enforce any provision of this lease shall not be 21 construed as a waiver of the right to compel enforcement of such 22 provision or provisions, nor act to release any surety from its 23 obligations under this lease. 24 16. Notices. 25 All notices herein required shall be in writing and 26 delivered in person or sent by certified mail, postage prepaid, 27 return receipt requested, addressed as follows: 28 HE/dys November 9, 1989 4 ,. .' 10 11 12 13 14 15 16 17 18 o o 1 LANDLORD CITY 2 3 Do III Lee and Kyung Ae Lee 127 Orange Park Redlands, CA 92374 Chief of Police 466 West 4th street San Bernardino, CA 92401 4 17. Attorney's Fees. 5 In the event that an action is filed by either party to 6 enforce rights under this agreement, the prevailing party shall 7 be entitled to recover reasonable attorney's fees in addition to 8 any other relief granted by the court. 9 IN WITNESS WHEREOF, the parties have executed this lease on the day of LANDLORD , 1989. LANDLORD Do III Lee Kyung Ae Lee ATTEST: CITY OF SAN BERNARDINO City Clerk W. R. Holcomb, Mayor 19 Approved as to form and legal content: 20 21 22 23 24 25 26 27 28 JAMES F. PENMAN, City Attorney BY:~ / HE/dys November 9, 1989 5