HomeMy WebLinkAbout2009-053
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RESOLUTION NO. 2009-53
RESOLUTION OF THE MAYOR AND COMMON COUNCIL AMENDING
RESOLUTION NO. 2006-7 REGARDING THE LEASE AND SERVICE
AGREEMENT WITH THE SAN BERNARDINO INTERNATIONAL AIRPORT
AUTHORITY.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That Resolution No. 2006-7, Section 5, is amended to read as follows:
"SECTION 5. The term of the Agreement is extended from
February 4, 2004 until either party elects to terminate the
agreement pursuant to Section 4 of the Lease"
SECTION 2. Any action taken on the Agreement between February 4, 2009 and the
effective date of this Resolution is hereby ratified.
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2009-53
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL AMENDING
RESOLUTION NO. 2006-7 REGARDING THE LEASE AND SERVICE
AGREEMENT WITH THE SAN BERNARDINO INTERNATIONAL AIRPORT
AUTHORITY.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
joint
Common Council of the City of San Bernardino at a regular meeting thereof, held on
day of
March
,2009, by the following vote, to wit:
the 16th
COUNCIL MEMBERS:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
x
BAXTER
x
BRINKER
x
VACANT
KELLEY
x
JOHNSON
x
MCCAMMACK
x
~~/~.~
Racl1e:t G. Clark, City Clerk
City of San Bernardino
The foregoing Resolution is hereby approved this /J'n day of M~rrh ,2009.
~u~~
" .
Rikke Van Johnson, Mayor Pro Tem
City of San Bernardino
Approved as to form:
F. PENMAN, City Attorney
2
,
.-~ "
.'
LEASE AGREEMENT
THIS LEASE AGREEMENT is made this (;i day of ~005, by
and between the City of San Bernardino, a municipal corporation being a charter city existing
pursuant to the Constitution and laws of the State of California (the "City"), and the San
Bernardino International Airport Authority, a joint exercise of powers authority established
pursuant to Government Code Section 6500, et seq. (the "SBIAA").
WITNESSETH
WHEREAS, the SBIAA bas the right of possession of certain property depicted
on Exhibit "A" (the "Airport") pursuant to a Master Lease by and between the SBIAA with the
United States Air Force, including a portion thereof which bas situated thereon a fire station
suitable for maintaining an aircraft fire crash rescue operation (the "Fire Station" as additionally
depicted on Exhibit "B") in support of the aviation related activities of the SBIAA; and
WHEREAS, the City desires to lease portions of the Fire Station from the SBIAA
and use the Fire Station as an aircraft fire crash rescue facility and provide the type and level of
services described herein, and the SBIAA is agreeable to lease portions of the Fire Station to the
City for the benefit of the aviation related activities of the SBIAA upon the Airport and for the
additional public benefit of the community.
NOW, THEREFORE, THE CITY AND THE SBIAA HEREBY AGREE AS
FOLWWS:
Section I.
Leased Premises.
(a) The SBIAA leases to the City, and the City leases from the SBIAA,
portions of that certain building known as Building No. 680 on the Airport and further described
as the Fire Station as set forth on Exhibit "B", inclusive of the Common Area as defined below
but exclusive of the Excluded Areas as defined below (the Fire Station, exclusive of the
Excluded Areas but inclusive of the adjacent parking areas, the Common Area and other areas
depicted on said Exhibit "B" shall be considered herein as the "Leased Premises"). This lease
for the Leased Premises portion of the Fire Station shall include (i) the Fire Station exclusive of
the Excluded Area, (ii) the adjacent parking area to the south of the Fire Station for six (6)
passenger vehicles located within the secured fence line area which shall be available for the
exclusive use of the City for the parking of passenger vehicles only (the "On-Site Parking"), and
(iii) the other concrete paved areas within an approximately 40 foot radius surrounding that
portion of the Fire Station enclosed by the secured fence line area of the Fire Station, including
the refuse container area and the electric generator, all as further depicted in said Exhibit "B."
The City shall also have the right to use the Common Area on a non-exclusive basis together
with the tenants and the business guests and invitees of the tenants occupying the Excluded
Areas.
(b) The Leased Premises as described in said Exhibit "B" shall specifically
exclude (i) that portion of the office areas of the Fire Station which will be separately leased by
J:\daIalsbiaa\lcascs1sb city fin: slaliOlll.... 060105
the SBIAA, or otherwise reserved by the SBIAA, for use and occupancy by the U.S. Customs
Service and the Airport Security of the Inland Valley Development Agency and the SBIAA, and
(ii) the HV AC Mechanical Room and the Electrical Room as depicted on Exhibit "B" (the
"Excluded Areas"). The lessees and all occupants and tenants of the Excluded Areas shall have
the exclusive right to use not to exceed nine (9) of the designated public parking spaces at the
location depicted on Exhibit "B" and shall have the right to use, in common with the City, the
other common area facilities including restroorns, kitchen areas and entrances and exits as
depicted on Exhibit "A" (the "Common Area").
(c) The City shall not allow to be parked, and all personnel of the City
occupying the Leased Premises shall not park, any vehicles and apparatus within the Leased
Premises except within (i) the area designated as the On-Site Parking for passenger vehicles only
and (ii) the service bays portion of the Fire Station for all other vehicles and apparatus; provided,
however, that the three (3) items of apparatus of SBIAA described in Section 8 hereof shall have
priority of parking in two such service bays. All other vehicles of the City shall be parked within
the public parking areas located adjacent to the Fire Station within public access areas of the Fire
Station or in other public parking lots in the vicinity of the Fire Station.
Section 2. Term.
The term of this Lease Agreement shall commence as of the effective date hereof
and shall remain in effect and subject to the Termination provision under Section 4 as provided
herein. The City shall be entitled to asSUllle possession and the use and occupancy of the Leased
Premises immediately upon the effective date of this Lease Agreement whether or not the
SBIAA shall have completed all necessary and desirable improvements, modifications and
repairs to the Fire Station.
Section 3. Lease Payment .
The annual rent payable by the City to the SBIAA pursuant to this Lease
Agreement shall be deemed to be equal to one dollar ($1.00) per year in addition to the provision
of in-kind aircraft fire crash rescue services to be provided by the City through the San
Bernardino Fire Department for the Airport during the Initial Term hereof and any Extended
Term for which this Lease Agreement may then be in full force and effect
Section 4.
Termination.
This Lease Agreement may be terminated by either the City or the SBIAA at any
time without cause and without any stated reason upon delivery of at least ninety (90) days'
written notice to the other party in the manner required for the delivery of notices pursuant to
Section 13 hereof. This Lease Agreement shall then be effectively terminated as of the date to be
set forth in the notice of termination as may be timely delivered by the party seeking to so
terminate this Lease Agreement
J:\datalsbiaalleaseslsb city fire station"'" 060105
"
Section 5.
Use of Leased Premises.
The City may use the Fire Station and the Leased Premises for the purpose of
providing (i) aircraft fire crash rescue services to the Airport and the SBIAA, (ii) such additional
levels of structural fire, emergency response and other life safety and paramedic services as the
City may determine at its sole option based upon demonstrated need and availability of
personnel, financial resources and equipment of the City, and (iii) fire training services and
facilities for the benefit of the Airport and the City fire fighters. Parking for vehicles and
apparatus of the City shall be restricted to the locations as set forth in Section I(c) hereof.
Section 6.
Acceotance of Leased Premises: ImDrovements.
The City agrees that it shall utilize qualified City personnel to inspect the Fire
Station prior to assuming actual possession thereof and shall report in writing to the SBIAA as to
any physical deficiencies in the major components set forth in the next succeeding sentence to be
cured by the SBIAA prior to such possession by the City. The City shall assume actual
possession of the Fire Station and the Leased Premises upon confinnation by the City and the
SBIAA that the following set forth major components are in a safe and working condition: the
HV AC; availability and functioning of all utilities; roof and other structura1 components are in a
sound condition; all pedestrian doors and overhead garage doors are confirmed by the City to be
operational. The SBIAA shall have no obligation to cause to be made any structura1 change,
improvement, modification, alteration or addition to the Fire Station except to ensure the
working condition of the previously set forth items. The SBIAA shall not be obligated for
compliance with any other occupancy requirements that may be imposed upon the City,
including, but not limited to, access by disabled persons and earthquake structural safety. The
City may at its own expense and with the prior written approval of the SBIAA cause to be made
any structura1 or non-structural changes, improvements, modifications, alterations or additiODSas
may better adapt the use of the Fire Station to the requirements of the City for aircraft fire crash
rescue purposes and for providing structural fire, emergency response and other life safety and
paramedic services as the City may determine at its sole option.
Section 7.
EauiDment Provided bv the Parties.
(a) The SBIAA agrees that the following three (3) items of apparatus shall be
the only apparatus furnished by the SBIAA to the City during the Term of this Lease Agreement:
Description of:
P-20 Rapid Aircraft Rescue Fire Fil!:htinl!: Vehicle
P-4 1500 Gallon Aircraft Rescue Fire Fi2htinl!: Vehicle
E-One 1500 Gallon Aircraft Rescue Fire Fi2htinl!: Vehicle
The SBIAA, and not the City, shall be responsible for the replacement and upgrade of such
enumerated apparatus from such funds as the SBlAA may have available for such purposes to
J:\d...\sbi..~eascslsb city fire slaIion lease: 060105
maintain such ratings and certifications as required by the Federal Aviation Administration with
respect to the Airport.
(b) The SBIAA shall continue to utilize either the County of San Bemardino
Vehicle Maintenance Facilities or any other private or governmental repair facilities capable of
repairing, servicing and providing routine tune-ups and other similar maintenance functions to
the apparatus including, but not limited to, battery replacements, brake service, tire repair and
replacement, engine repairs and drive train replacement. The SBIAA shall also have the
responsibility and obligation to provide any additional equipment or other appurtenant materials
or supplies that may be required to cause said apparatus to be or continue to remain in an
operational state at any time in addition to the obligation of the SBIAA to properly maintain and
repair the apparatus.
(c) The City agrees at it sole expense to undertake minor in-station maintenance
of the SBIAA apparatus as may be capable of being performed at the Fire Station by fire fighting
personnel at a cost not to exceed a total annual cost of $1,000. The City further agrees to provide
all other personal fire fighting equipment, supplies, hoses, nozzles, ladders, axes and other
ancillary equipment as may be needed under the circumstances in addition to those items
required to be provided by the SBIAA on each fully equipped aircraft firefighting and crash
rescue apparatus.
Section 9. Reoairs and Maintenance.
(a) The SBIAA shall provide adequate maintenance and security for the Fire
Station at the same times and in the same manner as is generally provided by the SBIAA with
respect to other occupied buildings and structure as owned by the SBIAA within the secured and
fence enclosed areas only within the Airport areas of the properties under the control of the
SBIAA. The SBIAA shall, at its own expense, maintain and keep that portion of the premises of
the Fire Station from the external walls to the boundary line designated on Exhibit "A" and all
external doors, overhead doors, HV AC system, adjacent sidewalls, roof and exterior walls and
concrete access areas adjacent to the Fire Station in a safe and maintained condition.
(b) The City shall be responsible for the cleaning, interior painting, sweeping and
maintenance of all exterior areas of the Fire Station including structural exterior walls and
concrete access areas adjacent to both the Fire Station and the Leased Premises and including the
refuse container area. The City shall, at its own expense, maintain and keep the interior walls,
electrical and utilities, plumbing, living quarters and furnishings and appliances, interior passage
doors and windows within the exterior walls of the entire Fire Station in a safe and maintained
condition. The City shall at its own cost and expense provide for the janitorial and maintenance
either through City personnel, fire fighters on-duty at the Fire Station or through private service
providers. The City's area of janitorial responsibility excludes areas leased to other entities by
the SBIAA. SBIAA is responsible for cleaning the front hallway and front restroom and the City
and SBIAA are jointly responsible for the kitchen based on their individual usage of that area
each week.
J:Idala\sbi..~.....\sb city fin: statiOllIease 060105
"
Section IO.Utilities.
(a) The SBIAA shall make available, or cause to be made available to the Fire
Station, adequate connections and service lines for the provision of all utilities, including water,
sewer, cable television service, telephone, gas, refuse collection and electricity for the Fire
Station. The City shall be required to obtain directly for its own account such level of service as
required by the City for telephone, cable television and other computer access lines (the "City
Utility Services") and shall pay for all such City Utility Services directly to the applicable utility
provider. The SBIAA shall continue to be billed for all other utility services including
specifically gas, refuse collection, water and sewer and electrical service (the "SBIAA Utility
Services"). The City shall not be required to pay for any of the SBIAA Utility Services until
such time as the City either maintains a full-time presence at the Fire Station or utilizes the Fire
Station for fire fighting and training purposes beyond the limited scope contemplated by this
Agreement. At such later date, the parties may determine that the City shall be invoiced monthly
by the SBIAA in a fair and equitable manner based upon the hours and days of nsage of the
Leased Premises portion of the Fire Station by the City as compared to the hours and days of
usage of any other portion of the Fire Station by either the SBIAA or any other tenants of the
SBIAA.
(b) The City shall pay such separately metered nsage charges and connection fees
for all City Utility Services directly to the governmental Agency or such other State or federally
regulated public utility company providing any of such City Utility Services to the Fire Station.
In addition, the City and not the SBIAA shall be responsible for any upgrades and repairs and
replacements or additional utility services or additional levels of utility services than is provided
as of the effective date of this Lease Agreement, regardless of whether such is considered as the
City Utility Services or as the SBIAA Utility Services.
Section II.Removal of Eauioment and Personal Prooertv.
(a) The City shall, upon the expiration or termination of this Lease Agreement
and for a period of time not to exceed fourteen (14) days thereafter, have the right to remove all
furniture, movable equipment and other items of personal property that are not considered as
fixtures and additions to the Fire Station. Nothing shall be removed by the City which is in any
manner affixed or attached to the floors or walls and the removal of which would render the Fire
Station less nsable or would canse damage to any walls, floors, ceilings or windows.
(b) Any personal property or other equipment that is placed in the Leased
Premises by the SBIAA pursuant to an inventory list delivered to the City shall remain the
personal property of the SBIAA unless ownership thereof is otherwise specifically transferred by
the SBIAA to the City by appropriate written instrument.
Section I2.Destruction of Leased Premises.
If during the term hereof the Leased Premises are damaged or destroyed by fire or
other casualty, neither party shall have any obligation to repair any portion of the Leased
Premises and this Lease Agreement shall be subject to immediate termination effective upon
J:ldatalsbiaaUcaseslsb city fi.. stati...l.... O6OIOS
c.
receipt of notice of termination delivered by the terminating party to the other party; provided,
however, that the City shall have the right, but not the obligation, to repair the Leased Premises
to the extent necessary to continue in possession of the Leased Premises for the remainder of the
then current term of this Lease Agreement.
Section 13.Notices.
Any and all notices required or permitted to be given hereunder shall be in writing
and shall be (i) personally delivered, or (ii) mailed certified or registered mail, via United States
Postal Service, return receipt requested, postage prepaid, or (iii) delivered by express delivery
service or messenger service, or (iv) dispatched through other electronic means or by verified fax
transmission, to the respective parties at the addresses indicated below:
If to the SBIAA:
San Bernardino International Airport Authority
294 South Leland Norton Way Suite #1
San Bemardino, CA 92408
Attn: Executive Director
Tel: 909-382-4100
Fax: 909-382-4106
If to the City:
City of San Bernardino Fire Department
200 East Third Street
San Bernardino, CA 92410
Attn: Larry Pitzer, Fire Chief
Tel: 909-384-5286
Fax: 909-384-5281
Any party may change its address by delivery of notice to the other party in the
manner as set forth above.
Section l4.Amendments.
This Lease Agreement may be amended or modified by the parties at their sole
discretion only by the written agreement duly approved pursuant to official action of and
executed by both parties in the manner as required by State law. Failure on the part of either
party to enforce any provision of this Lease Agreement shall not be construed as a continuing
waiver of the right to compel enforcement of such provision or provisions, and such failure to
enforce any provision of this Lease Agreement shall never constitute nor be deemed to constitute
an amendment to this Lease Agreement without the official action of the parties to specifically
approve any such amendment. '
l:ldatalsbiaalleases\sb city fire station lease 060105
Section I5.Indemnification and Hold Harmless.
(a) The City shall defend, indemnify and save harmless the SBIAA and its Board
members, officials, officers, employees and agents from any and all claims for all loss or damage
to real or personal property, including loss of use thereof, and injury to persons which may result
from the negligent execution or performance of this Lease Agreement in addition to any and all
claims made by or on behalf of the City's agents, servants and/or employees arising our of their
employment or work pertaining to the operations of the City under this Lease Agreement.
Additionally, the City shall at all times defend, indemnify and hold the SBIAA, its Board
members, officials, officers, employees and agents harmless from and against any and all
liabilities, demands, claims, suits, lawsuits, damages, causes of action, finds or judgments,
including costs, fees of attorneys and witnesses, and expenses incident thereto, arising out of or
in connection with the execution or performance of this Lease Agreement or as a result of the
failure by the City to cornply with all laws, ordinances or governmental regulations applicable to
the City or to the conduct of the City's business, including, without limitation, laws, ordinances
or governmental regulations applicable to the use, storage, handling or disposal of petroleum
products, hazardous materials or waste, or toxic substances. The City shall be an independent
contractor at all times during the term of this Lease Agreement and in every respect and not the
agent of the SBIAA for any purpose. Nothing contained herein and no direction or notification
from the SBIAA to the City shall be construed so as to create a partnership, joint venture or
Agency relationship between the parties hereto.
(b) The SBIAA shall defend, indemnify and save harmless the City and its
Council members, officials, officers, employees and agents from any and all claims for all loss or
damage to real or personal property, including loss of use thereof, and injury to persons which
may result from the negligent execution or performance of this Lease Agreement in addition to
any and all claims made by or on behalf of the SBIAA's agents, servants and/or employees
arising our of their employment or work pertaining to the operations of the SBIAA under this
Lease Agreement. Additionally, the SBIAA shall at all times defend, indemnify and hold the
City, its Council members, officials, officers, employees and agents harmless from and against
any and all liabilities, demands, claims, suits, lawsuits, damages, causes of action, finds or
judgments, including costs, fees of attorneys and. witnesses, and expenses incident thereto,
arising out of or in connection with the execution or performance of this Lease Agreement or as
a result of the failure by the SBIAA to comply with all laws, ordinances or governmental
regulations applicable to the SBIAA or to the conduct of the SBIAA's business, including,
without limitation, laws, ordinances or governmental regulations applicable to the use, storage,
handling or disposal of petroleunt products, hazardous materials or waste, or toxic substances.
The SBIAA shall be an independent contractor at all times during the term of this Lease
Agreement and in every respect and not the agent of the City for any purpose. Nothing
contained herein and no direction or notification from the City to the SBIAA shall be construed
so as to create a partnership, joint venture or Agency relationship between the parties hereto.
Section I6.Insurance.
(a) The City agrees to procure and maintain in full force and effect during the
Initial Term of this Lease Agreement and any Extended Term of this Lease Agreement, at the
J :ldalalsbiaalleaseslsb city fin: statim lcasc 0601 OS
sole cost and expense of the City, public liability insurance adequate to protect against liability
for damage claims arising out of public use of the Leased Premises comprising the Fire Station
or accidents which may arise or be alleged to have arisen from the activities of the City in
connection with the performance of this Lease Agreement, in a minimum amount of $1,000,000
for each person injured, in a minimum amount of $1,000,000 for anyone accident, and in a
minimum amount of $500,000 for property damage. Such insurance policies shall name the
SBIAA as an additional insured, and the SBIAA shall be given at least thirty (30) days' prior
written notice of any cancellation or modification to the coverage limits or such policy or
policies of insurance.
(b) Notwithstanding the foregoing, the City may substitute a bona fide self-
insurance progrant for any of the insurance requirements indicated in this Section. The City shall
provide the SBIAA upon request with written evidence of excess coverage insurance policies
that are required to be obtained by the City as a part of any such bona fide self-insurance
progrant.
Section I7.Validitv.
If any of the terms, conditions, provisions or covenants of this Lease Agreement shall
to any extent be judged to be invalid, unenforceable, void or voidable for any reason whatsoever
by a court of competent jurisdiction, each and all of the remaining terms, conditions, provisions
and covenants of this Lease Agreement shall not be affected therelily and shall remain in full
force and effect and be valid and enforceable to the fullest extent permitted by applicable law.
Section I8.Entire Al!I'Cement.
No other understandings or agreements exist between the parties except as herein
expressly stated herein with respect to the lease of the Fire Station, except with the provision of
certain firefighting services to be provided by the City to the SBIAA as contained in that certain
Master Services Agreement by and between the parties for the 2005-06 fiscal year. Any
rnodifications or amendments to this Lease Agreement must be approved by the official actions
of both the Mayor and Common Council of the City and the governing board of the SBIAA and
duly executed by authorized representatives of both parties.
J:\datalsbiaaU.....\sb city fi.. station lease 060105
'.'.
,.
IN WITNESS WHEREOF, the parties have duly executed this Lease Agreement on
the day and date first set forth in the introductory paragraph hereof.
City of San Bern 0
By:
Ti :
(SEAL)
ATTEST:
~,Lh~
City Clerk
Approved as to Fonn
and Legal Content:
James F. Penman
City rney
./~
(SEAL)
Approved as to Fonn
"'" "'go] Coorent'f}J-
By: D~
General Co
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.'
EXHIBIT "A"
(Description of Fire Station,
Leased Premises, Excluded Area
and adjacent leased areas)
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