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HomeMy WebLinkAbout39-Public Works CITY OF SAN t. _ 41._ _ BERQlRDINO ~~EQUEST OaR COUN~~~ ~C;~'I~~ " .' From: ROGER G. HARDGRAVE. Director Dept: Public Worlcs/Engi neeri ng Date: October 23. 1989 REC'D.-;.::;:~~j~, Resolution Authorizing the execution of 'First Amendment to a Lease: Agape Hous 1~33 G:: 3~ f: t:: j2Counsel1ng Center. Inc. 607 East Htgblan Avenue Synopsis of Previous Council action: 01/20/87 Execution of fhe year lease with Agape House Counseling Center. Inc. Recommandad motion: Adopt Resolution cc: 71~ Marshall Julian. City Administrator' , / Jim Richardson. Deputy City Administratnr/n~V~lnPmPn~ ' James Penman. City Attorney Signature Andrew Green. Director of Finance Anne DeBolt Phone: Lease Ward: 5328 2 Contect person: Staff Report. Resolution. Map. Supporting date attached: None FUNDING REQUIREMENTS: Amount: Source: (Acct, No,) N/A (Acct. OescriDtionl N/A Finance: Council Notes: 10/23/89 75-0262 Agenda Item No ~ " " CiTY OF SAN EJERI()RDINO - REQUEST CDR COUNCIL ACTION STAFF REPORT The Ci ty of San Bernardi no first entered into a lease agreement wi th Agape House Counseling Center, Inc., a California non-profit corporation, in 1973, for two buildings, a residential building and a garage, which have since been converted into an out-patient drug counselfng clfnfc located adjacent to Perris Hill Park, addressed as 607 and 607 1/2 East Highland Avenue. The original agreement has been amended and extended over the years, and Agape House has been a continual tenant of the City since the original lease. The Lease was last amended fn January of 19B6 with an expfration date of 1991. The director of Agape House, Or. Dennis Toutant has been trying to obtain a Community Development Block Grant to replace the heating and air conditioning system presently contained fn the building. It is staff's understandfng from Hr. Ed Flores of Community Development, that Agape House must be in possession of a lease with a term of at least five years. This requirement is necessary to satisfy federal rules for use of federal funds. As the installation of a new heating and air conditioning system in City property will benefit the City, it is staff's recommendation that Agape House be granted a five year extension of their lease. 10/23/89 75.0264 , , ." 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 o o LEASE (Agape House) TM'IS LEASE is entered fnto this d,,)CA.. day of '<.{u/: ' 19S1! by and between the CITY OF SAN BERNARDINO, a unicfpal corporation, referred to as "Lessor", L,. and AGAPE HOUSE COUNSELING CENTER, INC., a California non- profit corporation, referred to as "Lessee". The partfes agree as follows: 1. Recitals. (a) Lessor owns a certain parcel of real property and structures generally located South of Highand Avenue, West of Valencia Avenue. (b) Lessor does not now need nor does it con- template the need or use of a portion of said property and structures. (c) ten" desires the use of a portion of said 17 property and structures located thereon, herefnafter referred 18 to as "premises". 19 2. Property Leased. Lessor hereby leases and lets to 20 Lessee. and Lessee hfres and leases from Lessor that certain 21 structure co..only known as 607 East Highland Avenue and the 22 garage to the rear, located upon the parcel of real property 23 more particularly described as follows: 24 The North 236 feet of the East 140 feet of the 25 West 308 feet of lot 5, Block 40 Rancho San Bernardino, as per 261 27 I 28 plat thereof recorded in 800k 7 of Haps, page 2, records of the County Recorder, San Bernardino County, State of California. , I I 12/11/86 1 DUI61T A " " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 261 2711 28 o 0 TOGETHER WITH non-excl usi ve ingress and egress to s~id building, garage. and present existing parking area by means of In existing driveway located West of the above described land and running from the Southwest corner thereof, West to Crestview Avenue. 3. l!!!.:. ( a) The premises shall be used for: Outpatfentcounsel~ services to community residents having problems with substance abuse and general mental health. (b) Providing a preventative and education pro- gram designed to prevent drug abuse through the enhancement of self-esteem and life coping skills. (c) Providing a consul tation, education and information program designed to increase the community's awareness of the problems of drug abuse and their solutions and a referral base for medical, social, school and counseling needs. Lessee shalT not commit, or allow to be committed, any waste or nuisance on the premises, nor shall it use or allow the premises to be used for an unlawful purpose. 4. Term. The term of this lease shall be for I period of five years, beginning July 1, 1986, and ending June 30, 1991. 5. Payments. Lessee agrees to pay and Lessor agrees to accept as rental for the premises, for the complete term hereof, a total payment of $5.00, payable upon execution of this lease. 2 12/11/86 .' 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 6~ Utilities. Lessee Shll~PIY for all electriCity, ~.as, water, telephone service, and all other services and utilitie~ including service inst~llltion fees Ind charges which may be provided to the premises during the term of this lease. If Lessee desires additional utilities or utility services to the premi ses, Lessee must fi rst obtain wri tten permission from Lessor. 7. Taxes. Lessee covenants during the term of thi s lease to pay, when due, all taxes and assessments that may be assessed or imposed upon the Lessee's possessory interest in and to the premises and upon personal property located on the premises. During Lessee's possession and use of the premises, should any taxes or assessments thereon be assessed against Lessor, Lessee agrees to indemnify Lessor. 8. .Q!nership. Lessee hereby acknowledges and accepts the ti tle and paramount ownership and interest of Lessor to the premises, and Lessee agrees not to claim, challenge or contest the title, ownership and entire interest of Lessor. 9. Termination. This Lease shall be terminable at the option of either party upon the service of six months advance written notice of such termination to the other party. Upon revocation, surrender, or other termination of this lease, Lessee shall quietly and peacefully surrender the premises in as good condition as same was at the time of Lessee's entry thereon. 10. Insurance. Lessee agrees to procure and maintain in force during the term of this lease and any extension 3 12/11/86 I , . ! 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Ii 18 19 20 21 22 23 24 25 26 27 28 o o thereof, at its expense, a policy or policies of insurance aglinst .loss or damage to the premises and appurtenances Ind permanent equipment, resulting from fire. in a minimum amount of $70,000.00, and from lightning, vandalism, malicious mischief, and such perils ordinarily defined as "extended coverage", in a minimum amount of $70,000.00. Lessee agrees to procure and ma i n ta in in force during the term of this lease and any extension thereof, at its expense, public liability insurance in companies having a rating by Best's Insurance Guide of "A" (General Policyholder) and "AA" (Financial) ratings or better, adequate 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 $100,000.00 for each person injured, $300,000.00 for anyone accident, .$25,000.00 for property damage. Such insurance policies shall provide coverage for Lessor's contingent liability on such claims or losses. The policies or certificates of insurance shall be delivered to Lessor, Attention: Real Property Section. Lessee agrees to obtain a written obligation from the insurers to notify Lessor, - Attention: Real Property Section, in writing at least 30 days prior to cancellation or refusal to renew any such policies. Lessee agrees that, if such insurance policies are not kept in force during the 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 the Lessor 1/1/ 12/11/86 4 ! d!!L ./ .' 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 as an addQonal rent installment forqhe month following the date 0 n w hie h sue h pre m i u m i spa i d. H. Maintenance Ind Operation. The Lessee is hm- flilr with the premises and has knowledge of the present conditions thlt exist thereon. Lessee shall, at its own expense, maintain the leased premises and all improvements thereon in good order, condition, and repair. Lessee shall provide or cause to be provided all security service, custodial service,and janitorial service which is required for the proper care and use of the premises. Lessor will provide landscaping service to the grounds surrounding the structures. 12. Improvements. Lessee shall not make, or suffer to be made, any al terations to the premi ses, or any part thereof, without the prior written consent of Lessor. Any and all al terations and improvements made to the premises pursuant to this par~graph shalT, upon termination of this lease, remain as a part of the premises at no cost or obligation to the Lessor. 13. Duty to Make Alterations, Additions, or Changes Required by Law. If, during the term of this lease, any law, regulation, or rule requires that an alterltion, addition. or other change be made to the premises. the parties agree as foTlows: (a) If the al terations, addi tions, or changes are required as a result of Lessee's use of the premises, Lessee will make them and bear all expense connected therewith. (b) If the alterations, additions, or changes are required as a result of the condition or nature of the premises 5 12/11/86 / 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 - o o at the time of execution of this lease, not caused by use of the prem i ses by Lessee, and rela te to a porti on of the premi ses which Lessor has agreed to maintain and repair, Lessor will make them and bear all expense connected therewith. 14. De s t rue t ion 0 f Pre m i s e s. If the whole of the premises, or so much thereof as to render the remainder unusable for the purposes for which the same was leased, shall be partially or totally destroyed, then in such event Lessor shall have the sole option to either reconstruct or repair the premises, or to consider this lease terminated forthwith. 15. Inspection. Lessor, its agents, officers, or employees may enter upon the premises at such reasonable times during Lessor's normal business hours as it deems necessary for the purpose of in spec ti on of the prem ises to de term ine whether the terms and conditions of this Tease are being performed and kept by Lessee. 16. Defaul ts. In the event Lessee shall be in defaul t in the payment of rentals or other charges hereunder or shall otherwise breach its covenants or obligations hereunder, and shall be and remain in default for a period of 30 days after notice from Lessor to it of such default, Lessor shall have the right and privilege of terminating this lease and declaring the same at an end, and of entering upon and taking possession of the premises, and shall have the remedies now or hereafter provided by law for recovery of rent, repossession of the premises and damages occasioned by such default. If such default should occur, then Lessor shall have the right to take .; 6 12/11/86 r " 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 o 0 possession of and appropriate to itself without plyment t~erefor, any property of Lessee or Iny one claiming under it, then remaining on the premises. 17. Effect of Lessor's Waiver. Lessor's waiver of breach of one term, covenant, or condition of this lease is not a waiver of breach of others, nor of subsequent breach of the one waived. Lessor's acceptance of rent install ments after breach is not a waiver of the breach, except of breach of the covenant to pay the rent installment or installments accepted.' 18. Lease Breached by Lessee's Receivership, Assign- ment for Benefit of Creditors, Insolvency, or Bankruptcy. Appointment of a receiver to take possession of Lessee's assets, Lessee's general assignment for benefit of cre,ditors, or Lessee's insolvency or taking or suffering action under the Bankruptcy Act is a breach of this lease and shall terminate. same. 19. Eminent Domain. If the whole of the premi ses, or so much thereof as to render the remainder unusable for the purposes for which the same was leased, shall be taken under the power of eminent domain, then this lease shall terminate as of the date possesSion shall be so taken. If less than the whole of the premises shall be taken under the power of eminent domain, and the remainder is usable for the leased purposes, then this lease shall continue in full force and effect and s h all not be te r m in ate d by vir t u e 0 f sue h ta kin g and the parties may waive the benefit of any law to the contrary, in which event there sha~l be a partial abatement of the rent hereunder in an amount equivalent to the prorated use of the 7 12/11/86 ~ " o o 1- 2 3 4 5 6 remaining premises. Any award made in eminent domain ptoceedings for the taking or damaging of the premises in whole or in part shill be paid to the Lessor (together with any other money which shall be or may be made available for such purpose). 20. Hold Har!!!less. Lessee shall hold Lessor, its elective and appOintive boards, commissions, officers, agents and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Lessee's operations under this lease, whether such operations be by Lessee or by anyone or more persons directly or indirectly employed by or acting as agent for Lessee. Lessee shall defend Lessor and its elective and appointive boards, commissions, officers 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 the aforesaid operations. 21. Assignments. Lessee shall not assign this lease or sublet the premises or any part thereof without obtaining the prior written consent of the Lessor. 22. Validity. If anyone or more of the terms, provisions, promises, convenants, or condi tions of this lease shall to any extent be adjudged invalid, unenforceable, void, or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants, and conditions of this lease shall not be 1/" 7 8 9 10 11 12 13 14 15 16 Ii 18 19 20 21 22 23 24 25 26 27 28 12/11/86 8 . 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 o 0 affected thereby and shall be valid and enforcelble to the f~llest extent permitted by law. 23. Lease Applicable to Successors, Etc. Thi s lease and the terms, covenants, and conditions hereof Ipply to and are binding on the heirs, successors, executors, admini- strators, and assigns of the parties. 24. Non-Discrimination. The Lessor hereby covenants by and for itself, its heirs, executors, administrators, and assigns, and all persons under or through it, and thi s lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, national origin, or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the Lessor itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, or tenants, lessees,sublessees, subtenants, or vendees in the premises herein leased. 25. Amendment. This lease may be amended or modified only by written agreement signed by both parties. 26. Recordatio!!.:. Lessor will have this lease recorded in the office of the County Recorder, San Bernardino County, State of California, together with the appropriate Resolution of the Governing Body of Lessor. 27. Notices. , All notices herein required shall be in writing and delivered in person or sent by certified mail, 9 12/11/86 . . . I 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 ~ l T" o o postage prepaid, Iddressed as follows: LESSOR LESSEE: City of San Bernardino Real Property Section 300 Nor th "D" S tree t San Bernardino, CA. 92418 Agape House Counseling Center 607 East Highland Avenue San Bernardino, CA. 92404 28. Ti me of Essence. Time is of the essence herein. IN WITNESS WHEREOF, the parties hereto have executed this lease on the day and year first above written. "LESSOR" ATTEST: CITY OF SAN BERNARDINO By, i:.t~.J}~r..r , ayor -g~ City er. "LESSEE" AGAPE HOUSE COUNSELING CENTER, INC. 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A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT TO THE LEASE WITH AGAPE HOUSE COUNSELING CENTER, INC. RELATING TO THE USE OF THE AGAPE HOUSE FOR OUT- PATIENT SERVICES TO DRUG ABUSE PATIENTS. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION ONE. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City, a First Amendment to the Lease with Agape House Counseling Center, Inc. relating to the use of the Agape House for out-patient services to drug abuse patients, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION TWO. The authori za ti on to execute the abovereferenced agreement is resci nded if the parti es to the agreement fa 11 to execute it within sixty (60) days of the passage of this resolution. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ." 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 10/23/89 FIRST AMENDME~TO LEASE WITH AGAPE HOUSE COU~ING CENTER, INC., RELATING TO OUT-PATIEN~RVICES. ~ I ,HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the ____day of following vote, to wit: , 1989. by the AYES: Council Members NAYS: ABSENT: Ci ty Clerk of The foregoing resolution is hereby approved this , 1989. day W. R. Holcomb, Mayor City of San 8ernardino Approved as to form and legal content: James F. Penman, City Attorney by: (1.",,-,.. 1/~",J.... o .' 10/23/89 o o LESSOR'S ORIGINAL 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 FIRST AHENDHENT TO LEASE AGAPE HOUSE THIS FIRST AHENDMENT TO LEASE is made and entered into at San Bernardino, California, this day of , 1989, by and between the CITY OF SAN BERNARDINO, a municipal corporation, herei na fter called "Ci ty", and AGAPE HOUSE COUNSELING CENTER, I NC., hereinafter called "Lessee". WIT N E SSE T H: WHEREAS, City and Lessee entered into a Lease Agreement on January 20, 1987, granting to Lessee the use of AGAPE HOUSE for out-patient services to drug abuse 'patients; and WHEREAS, City and Lessee desire to amend said Lease to provide for an extension of the term to and inClUding June 30, 1996. NOW, THEREFORE, it is mutually agreed between the parties as foll ows: 1. Paragraph 4 of that Lease Agreement between the parties hereto dated January 20, 1987, is hereby amended to read: "4. TERM. The term of this Lease shall be for a period of ten years beginning July 1, 1986, and ending on June 30, 1996." 2. All other terms, conditions and covenants of said Lease shall remain the same and be in full force and effect. 1 1 1 1 1 1 1 1 1 " 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 10/23/89 28 LI FIRST AMENDM~ TO LEASE WITH THE AGAPE HO~ COUNSELING CENTER, INC., RELATING TO O'-'PATIENT SERVICES. '-' IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Lease on the date first hereinabove written. CITY OF SAN BERNARDINO DATED: BY: W. R. Holcomb, Mayor ATTEST: City Clerk AGAPE HOUSE COUNSELING CENTER, INC. DATED: By: Title: Approved as to form and legal content: James F. Penman City Attorney by: ~~~ t ~~ {/ 2