HomeMy WebLinkAbout39-Public Works
CITY OF SAN
t. _ 41._ _
BERQlRDINO ~~EQUEST OaR COUN~~~ ~C;~'I~~
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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 ~ "
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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
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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
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plat thereof recorded in 800k 7 of Haps, page 2, records of the
County Recorder, San Bernardino County, State of California.
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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.
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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
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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,
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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
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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
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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
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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
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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
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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,
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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.
By: \)ll- '"U5 ~ 'Pl.])
Ti tle: ~)(tc,,+ive. 1)ive'+D't'
Appr~ved as~: ~
c~~eY ~.
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10/23/89
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RESOLUTION NO.
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.
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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
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10/23/89
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LESSOR'S ORIGINAL
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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.
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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 ~~
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