HomeMy WebLinkAbout14-Public Works
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C~TY OF SAN BERNODINO
- REQUEST FOI COUNCIL ACTION
From: ROGER G. HARDGRAVE, Director
Subject: Staff Report: New Lease Agrf'ement wi th
Yonsuk Son, dba "Gollo's Flowers and Gifts
olld Poul Y. Ahn fnr City owtled proper-ty -
1;'05 N. Watf'r-m,m Avenu..
Dept: Publ ie Work"/Engi neering
Date: April 25, 1994
Synopsis of Previous Council action:
06/21/76
R.."o jut i on No. 124(;7 adopterl authori zing execut i on of " 1 e"".. wi th A I bert "JIll
Kathryn Gallo rf'lative to City owned propf'rty lo""t..d at 1;'05 North W"termall
Avenue, for a pp.riod of lp.n years, beginning .July 7, 197(;, "lid ending .July n,
1986. Rental amounts of $3nO onel $350 p..r month.
12/22/66
Resolution
Lease with
lease for a
No. 66-521 arlopted ,,"t horizing ..xecuti Otl of " Fi r"t
Albert M. Gallo, effective July 1, 198b, extending
5-year period. Rental amount of S400 per month.
Amendment
the term
to
of
01/03/69
Resolution No. 69-02 adopted authorizing execution of a Second Amendment to
Lease and Consent to Assignment (to Yonsuk Son for" period of 5 Yf'ars) ,'elll-
tive to a lease with Albert and Kathryn Gallo for' City owned property located
at 1505 N. Waterman Avenue. Rental amount of SIanO per month.
Recommended motion:
ADOPT RESOLUT ION
cc: Sh"una Clark, City Aelminigtrator
Barbara P"chon, Director of Fin/mee
aames F. Penman, City Attorney
tfi~
Contact person:
Anne DeJlolt.
Phone:
5328
Supporting data attached: Staff Report, Resolution. Lease
Ward:
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FUNDING REQUIREMENTS:
Amount: None
Source: (Acct. No.)
N/A
(Acct. Descriotion)
.N/A
Finance:
Council Notes:
75-0262
Agenda Item NO)I.{
CI:ry OF SAN BERN~DINO - REQUEST FfOI COUNCIL ACTION
STAFF REPORT
On June 21, 1976, Resolution No. 12467 was adopted, author'izing th,,'execlIl ion of a
lease agreement between the City and Albert M. Ga]]o for the old fire station building
located at the Northeast corner of Wi>terman Avenue and Gi]bert Street (1505 North
Waterman Avenue) for use as a flower and gift shop.
The original lease was for a term of ten years. The rental amount was for ~300 per
month for th" first five years and the rent increased to S350 per month for- the re-
maining 5 years of the 10 year term. M. th" end of the ten year term a First Amend-
lIIent to Lease WilS adopted, authorizing extp.nsinn of thp. ]p.ase for a period of 5 yp.ars,
with two additi"na] r"n"wal terms of 5 years each. Th" rp.nt.a] payments we'-e t.o in-
crells" hy S50 per month with each nf thp. r'en"wlll.
In 1989, Mr. and Mrs, G,,] In contacted 'Rea] Pr'operly Staff and advised liS of their
intention to s,,11 thp. florist blls;np.ss and request.ed thllt an assignment. of ]p.ase bp.
granted. This rp.qu"st was grantp.r1, with the ]p.as" term being rp.duced to 5 years with
no renewal options. Th" lei>se payment was incrp.asen to $1,000.00 per month.
Mrs. Yonsuk Son, the Assignee, has bep.n t.h" Lessep. for' the 5 year ter'm ..."ni ng n...r:emher
31, 1993. Relative to her inability to pay her monthly payments on time, 'Rea] Proper-
ty Staff is reluctant to give hp.r a long term ]"ase. Her sou-in-]aw, I'au] Ahn, has
stated that hr. will be responsible for her timely lease pi>YDIp.nts (and has pllid thp.m
/on the firstof the month for the past thrp.e (3) months. Therefore, staff reeommenns
that Mrs. SOIl and Pau 1 Ahn be given a two (2) year 1 ellse agreement. If Mrs. Son
decides to sell, City staff would work with the new (approved) buyers on a new long-
term lease.
An additional payment of S50 per month for administration of the Renta] Agreemp.nt and
preparation of any necessary documents has been added to the new monthly rental amount
of Sl,100, for a. total monthly payment of S1,150.00. This "administrlltion" fee will
be removed at the end of 6 months if Mrs. Son and Mr. Ahn pay the lease payment on a
timely basis.
Staff recommends that this Lease Agreement be approved.
'5~0264
04/25/94
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RESOLllTT ON NO.
RESOUlT10N OF THF rrTY OF SAt>< lIEJiNARI.IN[, At TTHORI7.ING THF FXf:r~\1T10t\
OF A LEASE AGREEMENT WITH YONSUK SON, dhil tiALLO'S FLOWF.RS AND GIFTS, AND
PAUL Y. AHN, BEING RELATIVE TO THAT CERTAIN REAL PROPERTY SITUATED AT THE
NORTHEAST CORNER OF WATF.RMAN AVENUE AND GIU\EI?T STJiFET, COMMONLY KNOWN AS
1505 NORTH WATERMAN AVENlIL
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby
authorized and direeted to execute on behalf of said City, a Lease Agreement
with Yonsuk Son db" Gallo's Flowers and Gifts, and Paul Y. Ahn, relative to
certain real property located at the Northeast corner of Waterman Avenue and
Gilbert Street, and commonly known as 150'i North Water"iln Avenue, a copy of
which is attached hereto marked Exhibit "A" and illcorporilted herein by
reference as ful ly as though set f",.th at lengt.h.
SECTION 2. The authorization to execute the "hove-referenced
15 Lease Agreement is resci nded if the par.ti eo; to the agreement fail to execute
16 it within thirty (30) days of the passage of this resolution.
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LEASE AGREEMENT: 1505 NORTH WATERMAN AVENUE (GAUO'S FLOWERS AND GIFTS)
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T HEREBY CERTIFY that the foregoing resolution was dilly i1(jopte<1 h~'
the Mi1yor "nd ComDlon Crnmd I oj 1 he
Citv
of
Si1n R~rnnrri i flO 111
"
meeting thereof held on the
day of
1994, by the fo 11 owi n1( vote, to-wi I :
COUNCIL MEMBERS:
--.----- -
AYES
NAYS
ABSTAIN
ABSENT
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
RACHEL CLARK, City Clerk
The
foregoing resolulioJl is herehy approved thi,s
d"y
of
, 1994.
"--.. --__. - _..._ - _ 0._ .__ _.______ _..".n.._ ____.._______..______.
TOM MINOR, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman,
City A orney
By:
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)4/25/94
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lItUGINAL
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LF.ASF AGRFEMENT - ""0. 1 'i. 06-0.'i 1
This LHnse A~repm~nt is IPnrlp. itS of this
rltty of
3 1994, by and between the CITY OF SAN BERNARIHNO, a municipal eorporatillfl,
4 h",'ein..ftp.r referrp.d to ..s "Lp.ssor", and YON SilK SON, elh.. "GA1.1.0S"S FLOWERS
5 AND GIFTS, and PAUl, Y. AHN, hereinafter referr'p.d to as "1.essep.".
6 Re.cJJ~) s
7 This Lease Agreement is made and entered into with respect to the 1'01-
8 lowing facts:
9 WHEREAS, Lessor is the owner of thp. property and structure hp.rein loeat-
10 ed at 1505 North Waterman Avp.nue; and
11 WHEREAS, sai d property and strueturp. arp. not flOW nep.cled for ,nuni ei pa 1
12 usP. and arp. not eonsielered for municipal usP. during the term herp.of: ,,,,d
13 WHEREAS, 1.essp... elP.S i r.." 1 h.. liSP. of sa i II slr-uel ure anri TlI"operty,
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NOW, THF.REFORF., in consirip.ralion of the rp.nt"l hp.rp.after reserved anri
15 ..grp.ed 10 hp. 1",;<1 to Lp.sslw by Lessee ..nd thp. IIIutu..j ]""Illllises, oh1ilolntillns,
16 agreements and covenants hereinafter set forth ..nd thp. faithful performanep.
17 thereof, the parties herehy mutu<ll]y agree <IS follows:
18 1. !,roperty Leased.
19 Lessor hereby leases to Lp.ssee, and Lessep. hereby leases from Lessor,
those certain premises and strueture located at 1505 North Il'atp.rman Avp.rllle,
in the City of San Bernardino, County of San Bernardino, State of California.
Said property is outlined in red in at.tachp.d Exhibit "A" and more partielllar-
ly described as follows:
/ /
The South 100 feet of the West 150 fp.et of Lot 3, Illod
40, Rancho San Bernarc1ino, as per plat thp.reof rp.cordp.c1
in Book 7 of lIaps, Page 2, records of t.he Count.y Tlp.corder
of said County, EXCEPTING therp.from t.hat portion de-
scr i b..<l in dnr'lImp.nt rp.corded September 1fI, 1970 in Book
7519, Pagp. 252, Official Reeorcls of "/lid County, ..nrl
document recorded II/1Y 2R, 1971 in Book 7677, Pagp. 1R1,
Offid/l1 Reeorrls of said County.
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LEASE AGREEMENT: ]505 NORTH WATERMAN AVENUE - GALLO'S FLOWERS Ii GIFTS
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1 2. Term.
2 This Lense Agreement shall h.. tor Ii term of two (2) yeftrs, o..ginning
3 JanUiH"Y 1, 1 '/<14, and end i ng Der:ember 31, 1995.
4 3. Leftse Payments.
5 Less.... ngr'ees to pay, lind Lessor ngrees to aeeepi. as J elise pliyment" tor
6 said premises, a monthly rental of One Thousand One Hunrlr'ed Fifty Dnllar's
7 ($1,150.00), Fifty Dollars <$50.00) of whi eh is to be applied towards the
8 cost of th.. administration of the Lease Agr..ement and the preparation of any
9 necessary documents. Said rental and administration costs of One Thousand
10 One Hundred Fifty Dollars ($1,150) shall constitute the total monthly rental.
11 The administration fee of $50.00 shall be paid through the month of August,
12 1994. At that time if all previous monthly rental payments have been made in
13 a timely manner, the administration fee shall be waived for the remainder of
14 the 1.ease. Said total monthly rental is to be paid on or before the first
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day of each month, made payable to the Lessor, and sent to:
City of San Bernardino
Attention: Real Property Section,
Public WorksfEngineering
300 North "D" Stre..t, 3rd Floor
San Bernardino, CA 92418.
4. Late ray~en:Lc~:
In the event the monthly rental is paid later than the fifth day of
any
21 month, a late paymp.nt penalty of One Hundrp.d Dollllrs ($100) shall be as-
22 sessed. However, the failure to pay thp. monthly rental by the fifth day of
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any month is considered a breach of this Lease Agreement, and Lp.ssor may
tenninate said Agreement and commence evi cti on proceedings.
5., Surren~r Upon Termination.
This Lease Agreement shall be tenninabl e on the 5th day of any mnnt.h
28 ($1,1.'50) has not been received by Lessor. ~~ "'~''''R ~d t\nn' pliFtj.' tR ---Ai s 1.p.8f'n
04/2:'/94
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LEASE AGREEMENT: ]505 NORTH WATERMAN AVENUE - GALLO'S FLOWERS & GIFTS
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!.greg-on'" h:a.E gi'~8B t~irty (39) dQ.,,~ advcun.l ..ritteH H~";'.~ of' f"l'Rh t9rAliRilv
,L,ou
tieR te the gth8r~r~~' Upon termination of this Leas~ Agreement, Lessee
shall surrender the property occupied under this Lease Agreement in as good
condition as it was at the time Lessee took possession, suhj~r.t to the condi-
tions herein set forth.
6. U~e__orP!:!,mise,s.
The premises are Jeafled t.o t.he Lesse~ for Ufle liS a florist flhop, gift
shop, llnd relllted IIses. Leflsee agrees not t.o use Ih" premis"s, nor to p"rmit
their use (If" the IIse of llny p"rt of them, for any other pl\rpos~.
7. I mpl'o'yem_~'l~~ .
Lessee shall not mlike, or sllffer to he malle, any lllte'"aUonl< to the
leased premises, or any p"rt thereof, without the prior written r.onsent of
Lessor.
Any and all alterations lind/or improvements made to the demised
premises pursuant to this section shall, upon termination of thifl Lease
Agreement, remain as a part of the premises and at no cost or ohligation to
the Lessor.
6. Maintenance and Qperation.
Lessee is familiar with the leased premises and has knowledge of the
present conditions that exist thereon. Lessee shall, at Leflsee's own cost
and expense, keep and maintain all improvements thereon in good condition and
repair, both liS to the exterior" and interior portions th~reof. Lessee shlill
provid" or caUfle to b" provid"d, all servir."" whir.h aI''' '""quir"d for the
proper care and US" of the premises. LeSflee shall Ufle all rellsonahle precall-
t.i on to pr"vent wllste, damage or injury to the proper.ty. Lessor fllm 11, at
any reasonable time, have the right to go upon the property and inspect and
examine the same relative to such maintenanr.e and upkeep. The Less"p. shall
keep the leased premises and any and all improvementfl thp.reon free and clear
of all lienfl, charges, and encumbrances.
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I 04125/94
LEASE AGREBMEN1: 15Li5 NLiRIH ~An,RMAN AVENlJh - liALLlJ'1; <LU~h~" '" bHJ.~
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9. l~ilities.
Lessep. shall pay for al] eJp.r.tril:jty, gaS, wo1e-r, rpf'u:c;p. s~rVil~p., tp.i~-
phone service, ami all other services non uti 1 j ties, in<:luding service
installati on tees and char'ges for' such uti I it i es whi I:h nre now or' may h"re-
after be provided to the leased premises as to any charges or rees ,,,,cruing
during the term of this Lease Agreement. If Lessee desires additional utili-
ties and/or utility services to the premises, Lessee must first obtain writ-
ten consent from Lessor.
10. O~nersh.iJ>'
Lessee acknowledges I,essor's title, paramount interest and ownership of
the subject prop"rty, and Lessee agrees never to daim, challenge, or con-
test said title, ownership or interest of Lessor.
11 . Tllx"sjPo~!'.es!'.{).,:"y__I!'terest .
Lessee covenants during the term of this Le"se Agreement to pav, wh"n
nue, all taxes and assessments that may be assess en or imposed upon the
Lessee's possessory interest in and to the premises and upon personal proper-
ty located on the leased premises. During Lessee's possession IInd use of the
leased premises, should any taxes thereon he "ssessed against Lessor', Lessee
agrees to indemnify Lessor thereon.
12. Amendment.
This Lease Agreement may be amended or modified only by written agree-
ment signed by both parties.
13. !.nsurance.
(a) fire. Lessee agrees to procure and maintain in force durlnl'( the
term of this Lease Agreement and any extension thereof, at its expense, "
policy or policies of insurance whereby the CITY OF SAN BERNARDINO will he
named as the primary insured against loss or damage to the leased premises,
appurtenances and permanent equipment therein, resulting from fire, windstorm
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LtASE AGREBMENT: 15U5 NURTH WATERMAN AVENUE - GALLO'S FLOWERS" GIFTS
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and extended
(jI;I:';G>OQ06
(3JOfJ,tlB ).
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T... /IWIJnJ ..J flff, n..u..d !lo IIo.-s
peri Is, in a minimum amount of Three W'l......h....rl T}~l(l ):Jfl] Inr...
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Damage from] ightning, vandalism, malicious mischief and such
3 perils ordinadlv defined as "extended coverage" shall be included in such
4 coverage.
The inslH'ance !Jolicy shill 1 hp issueel in thp nllmps of Lessor and
5 Lessee.
Tbe insllrdllep policy shal 1 Pl'ovide that anv proceeds shall he madl'
6 payahle sol..ly to the l.essnr", or, alternatively, to Lessor amI Lessee, as
7 thei r- int.erests may appear.
(h) l,i"biJi.ty. Lessee agrees to procur.. anel maintain in force e1urillg
the term of this Lease Agreement and any extension thl'reof, at Lessee's
expense, public liability insurance in companies and through brokers approved
by Lessor through its Risk Manager, adequate to protect against liability for
damage
claims through the Lessee's use of or arising out of the use of the
Rot. 1l-~.l.<J 7h"'So.,J ().1Iw.. (~!i'" J.""....)
premises, in a minimum amount of flNE IIILLI6N ~ (.\1,flflO,fJFlO.llQ)
single limit. Lessee shall provide to Lessor's Risk Management
leased
combined
Division, an annual policy of insurance which includes:
1. The City of San Bernardino as an additional named insured;
2. The insurance company name, policy number, period of coverage and
the llmount of insurance:
3. That the Real Property Sed.ion of the City of San Bernar'dino must
be given Ilotice, in writing, at least thirty (30) days prior' to cancella-
tion, m..terial change or refusal to renew policy: and
4. Condition that Lessee's insurance will be primary to any cover-
23 age th..t Lessor may have in effect.
24 Lessee agrees that, if such insurance pol icies are not kept in force
25 during the term of this Lease Agreement, and any extension thereof, Lessor
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14/25/94
may have the option of one of the following:
(a) Procure the necessary insurance, pay the premium therefor, and
that such premium shall be repaid to Lessor as an additional rent installment
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LEASh A<;REEMENT:
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15lJ:, NUJHH IlATrJi~JAN AVENIJJ.. - liALLU',,> tLllllhJ(c, 1'1 hIfJ,S
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1 for tilt' mOllth following th" date on whir.h s\lch pr"mium is 1".';(1.
2 ~b) Immediately dedarl' this J."as!' Agf.""m"nl in dp.falllt, a",1 lerllri-
3 nate this Lease Agreement forthwith.
4 13. ])~m~ge_J1Y Fi.r:~.L.E~r::tJ:l<J.l!ake_or:_Calandty.
5 If by ear'thquake, flood or other silld lar calamity or ad of God, or' if h.v
6 fire, act of war or nlhp.r similar cause, any p.xisting improvem!'nts, or any
7 improvements constructed by Lessee on the leased property are destroyed or
8 damagp.d to a substantial negrep., Lessep sb..] ] f'p.pair them whp'1I such rp.pairs
9 can be mane in r.onformity witb any i1pplir.able law, and if, within ninety (90)
10 days after 1 h" dllte wh,," su"h destruct i on (II" nllmilgp. oceurs, Lp.ssp.p. has nol
11 p.ommenced repnir or rp.p.onstrur.t ;011, thp. Lp.ssnr may terminate this l.eijse
12 Agreement upon forty-flvp. (4:') dllYs' written noticp. to ],ess"". If Sll termi-
13 nated, thp.n Lp.ssp.e sha 11, lit its own p.xpp.nsp., and upon p.l P.Pot i on by ],p.ssor,
14 fortbwith rp.movp. any or a] J of thp. damllged i mprovp.mp.nts.
15 14. !!Id.em_nJJXr:".tlrlll .
16 Lessee shall exercise its privilp.ges under this Lease Agreement at its
17 own risk. Lessee shall indemnify and hold harmless Lessor, its elective Ilnn
18 appointive boards, commissions, officers, agents and employees frOD'
19 liability resulting from, arising out of, or in any way connected with, the
20 Lessee's operations under this Lease Agreement or Lessee's occupation of th"
21 property, including claims resulting from the conduct of Lessee, its eBl-
22 ployees, invitees, guests or agents of Lessee, or Lessee's fai lure to
23 perform its promises in connection hp.rewith. Lessp.e sba] 1 dp.fend Lessor, its
24 elp.ctivp. and appointive boards, commissions, officp.rs, agents, and employees
25 from any .sui ts or acti ons at law or in equity for damages causp.d, or II] 1 egp.d
26 to have been causp.d, by reason of any of Lessee's operllti ons under thi s Lp.IlSp.
27 Agrp.ement. l.essor' shill I not be liahlp. to Lessep. if Lp.ssee's "ecupIltion or
28 use of the propert.y is hinderen or disturhp.d.
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LEASE AGREEMENT: 1505 NORTH WATERMAN AVENUE - GALLO'S FLOWENS & GIFTS
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15. Notices.
A 11 noU ces her'"in re'Tui r"rl shit J ] he in writ i np itnrl de] i vef'''cl
jyJ
person 'If" sent by certified mnil, 1'ost"ge 1'rep"id, "rldressed as fo) lows:
LESSOR:
I.ESSF.ES:
CITY OF SAN RF.RNAROINO
Rea I Pr'operty S"c1 i on
300 North "D" Street, 3rd Floor
San Bernardino, CA 9241R
(909) 384-5326
GA1.1.O'S FLOWERS ANn GIFTS
Mr's. Yonsuk Son
1505 N. Wat er'm'Hl AvenllP
San Bernnrrlino, CA 92404
(909) 885-4487
Paul Y. Ahn
601 N. Donner Drivp
Walnut, CA 91769
(81B) 322-6010 (work)
(816) 913-4211 (horn,,)
16. <:.o.n.!!ttion of Pro.P".r:tX _lJPQ~Surr:~l"!der:.
Upon termination of this Lease Agreement, Lessee agrees to surrender
the said property occupied under the Lease Agreement herein wanted, in as
14 good condition as same was at the time of Lessee's original entry.
LeSRor
may elect to take possession of and appropriate to itself without payment 'illY
property of Lessee, or anyone claiming und"r Lessee, which Lesse" fail,; to
remove after notice.
17 . Se~era1JiJi1:y.
In the event this Lease Agreempnt, Of' any portion thereof, should be
determined to be void, illegal or' improper, for any reason whatever, all
other portions of the Lease Agre"ment shall remain fully enforceable to th"
extent possible after such determinations.
18. Default.
In the event Lessee shall be in default in the payment of rentals,
taxes, or other charges hereunder, or shall otherwise breach its covenants or
obligations hereunder, and shall be and remain in default for a period of
three (3) days after written notice from Lessor to it of such default, Lessor
28 shall have the right and privi lege of terminating this Lease Agreement and
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LEASE AGREEMENT: 1505 NORTH WATERMAN AVENUE - GALLO'S FLOWERS Ex GJFTS
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declaring the same at an end, and of entering upon and taKing poss"ssioll of
said premises, and shall have the remedi"s now or hereafter provided hy Jaw
for recovery of rent and/or taxes, repossession of the premises and damages
occasioned by sueh default. Jf such default should occur, then Lessor shall
have the right to take possession of and appropr-iate to itself without pay-
ment therefor, any proper'ty lIf Lessee or anyone claiming under him, th"n
remaining on said premises.
19. Effect lIf Lessor's Waiver'.
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]."ssor's waiver of hre1lch of one term, covenant, or condition lIf this
Leas" Agreemp.nt is not 11 wai vel' lIf hreaeh of 01 hp.rs, nor- of suhseqllent br'eaeh
of the one waived. Lessor's RCCp.pt1lncp. of relit installmp.nts Rtter hreach is
not a waiver of the breaeh, excp.pt of brellch of the eovenant to pay th"
rent installment or installments accepted.
20. Duty t~!!!<e Al ter:.atil!!'s , __A<!Qtt:j!,!~S-,-_o!--'sh,lmge~_.R,!qui Ted l!Y.J,aw.
If, during the term of this Lease Agreement, any law, regulation, or
rule requires that an alteration, addition, or other change be made to the
leased premises, the parties agree as follows:
(a) If the alterations, additions, or changes are requirp.d as a result
of Lessee's use of the premises, Lessee will make theM and heRr all expense
connected therewith.
(b) Jf the alteraUons, additions, or changes are required as a result
of the condition or nRture of the premis"s at the time of exp.clltion of this
Lease Agreement, not callsed by use of the premises by Lessee, Lessor will
nlakp. them and hear all expense connected therewith.
21,.' Inspt!ctions.
Lessor, its agents, officp.rs, or employees may enter U!'OIl t.hp. Ip.ased
premises at such reasonable times during Lessor's normal business hours as
it deeMS necessary for the purpose of inspection of the premises t,o determine
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14/25/94
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LEASE AGREEMENT:
1505 NORTH WATERMAN AVENUE - GALLO'S FLOWEIiS " GIFTS
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whether the terms and cnndi t ions of thi s l.ei1:se ARreemf-mt ar~ he i fir o~,'fnrnlf~d
and kept by Less"e.
22. Non-Discrimination.
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The Lessee h"reby cov"nants by IInd for ilself, its heirs, "xecu\llrs, IId-
ministrators, employees, agents, and assigns, and all persons claiming under
or through it, that there shall be no discrimination against or segregation
of any person or group of persons, on account of race, color, religion, sex,
national origin, ancestry, age, or' handicap, 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 thr'ough
it, establish or permit any such practice or practic"s of discrimination or
segr"gation with refer'ence to the sel ect.i on, location, number, use, or OCCll-
]>itney, of lessees, suhlesBees, tenants, suhtennnts, agents, employees, as-
signs, or v"ndees in the premises h"rein leased.
23 . A~!!i gllJ1\ent!.' :_~o) I' . Q.ccupancy .
Less"e shall not assign this Lease Agre"ment or suhl,,\ the leased
pr"mises or any part thereof without obtaining the prinr writt"n consent of
the Lessor. The parties contemplate that Lessee shall b" the sole occupant
of these premises, and the rental rate is established based in part thereon.
Any change in occupancy constitutes a material breach of this agreem"nt.
24. ~~inent Domain.
If the whole of the leased premises, or so lIIuch thereof as to render tb"
remainder unusable for the purposes for which the same was leased, shall be
taken under the power of eminent domain, then this Lease Agreement shall
terminate as of the date possession shall be so taken. If less than the
who]" of the leased premises shall be taken under the power of emin"nt do-
main, and the remaind"r is usable for the leased purposes, then this Lease
Agreement sha] I continue in full forc" and effect and shal] not be ter'minated
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LEAI>E AGREEMENT: 1505 NORTH wATERMAN AVENUE - GALLO'S FLOliERS IJ GIFTii
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04/25/94 -10-
)4/25/94
Jll.
LEASE AbREEMENT:
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1505 NORTH WATERMAN AVJ.:NlJE - r;ALL\) , S FLUWER:-> & GIFTS
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1 IN WITNESS WHEREOF. the pRrt ies hereto "RVe execute,1 th i s Lense Agree-
2 ment OIl the dnte firsl ahove written.
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LESSOR: CITY OF SAN BERNAROINO
7 DATED:
By: ____________ ---_____________m__
TOM MINOR, Mayor
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11 ATIEST:
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13 Dated:
By: _
RACHEL CLARK, Ci ty Cl erk
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LESSEE: YONSIJK SON, dba GALLO'S FLOWERS if GIFTS
DATED:_____r4.:l-,A'v_
BY:''L:h~ /~
YO~Uit SON-~--- --c --- --- _m_______
21 DATED:
~/IIL/?J___
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By -r,-AuL-.f1-d-'~---m---- -----
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Approved as to form
and legal content:
JAMF.S F.' PENMAN,
City Attorney
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SCALE, ''':50'