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RESOLUTION NO.
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH OPERATION SECOND CHANCE, INCORPORATED
RELATING TO THE LEASE OF A PORTION OF 1505 WEST HIGHLAND AVENUE,
SAN BERNARDINO, FOR LIBRARY PURPOSES.
!, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
Ii OF SAN BERNARDINO AS FOLLOWS:
I SECTION 1. The Mayor of the City of San Bernardino is
! authorized and directed to execute on behalf of said City a lease
,
I
with Operation Second Chance, Incorporated relating to the lease
of a portion of 1505 West Highland Avenue, San Bernardino, for
library purposes, a copy of which is attached hereto, marked
Exhibit "I" and incorporated herein by reference as fully as
though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a ~~
on the ~IJH. day of "
vote, to wit:
Councilmen t::.--..I;;"~~~-4.-'".. ~~;,h~ ~~
'ftz 'N{jJ~ ~/4 ~~
/)J~4J
meeting thereof, held
, 1977, by the following
AYES:
NAYS:
ABSENT:
of
The foregoing
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is hereby approve . s ~,,;!!.:p
day
resolution
1977.
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OPERATICN SEXXIID CHANCE, INCORPORATED
"PUBLIC El'u'JSl<PitiSE CENTER"
0I8ML
LEI\SE AGREEMENT
This lease agrearent, !lElde as of the lOth day of February , 19 77 ,
between Operation Second Chance, IncOJ:porated, (hereinafter called the lessor)
and the City of San Bernardino, A Municipal Corporation, (hereinafter called
the lessee).
wrmESSEI'H: That the lessor does hereby demise and let unto the lessee the
following describe premises, to wit: A portion of the building located at
1505 West Highland Avenue, San Bernardino, California, which portion of said
building is des=ibed as follows: An area of awraxinately 3,000 square feet
on the Main floor known as the library area number one (1), the location of
which has been agreed upon between the parties hereto:
TO HAVE AND TO HOID the same, with the appurtenances there unto belonging unto
the said lessee for and during the term of five (5) years , begining on the
15th day of F~ , 19 77 and ending on the 14th day of
February', 19 82 , at a rental schedule as IlDre particularly set forth
in Exhibit "A" attached hereto,
CXJ\1ENANl'S OF LESSEE
1. And said lessee does hereby covenant and agree with said lessor to;
(a) Pay said rent at the time and place and in the manner aforesaid;
(b) use and occupy said pranises for office and public library purposes
and in a careful and proper manner;
(c) not cxmni t any waste therein;
(d) not use or occupy said premises for any unlawful purpose; and will
confonn to and obey all present and future laws and ordinances, and
all rules, regu1ati-ons, requirements and orders of all governnental
authorities or agencies, respecting the use and occupation of (but
not repairs or alterations in or to) the demise pranises;
(e) not assign this lease, or underlet said pranises, nor any part thereof,
without the written consent of the lessor; which consent shall not
unreasonably be withheld;
(f) not use or occupy said pranises, or pennit the sane to be used or
occupied, for any purpose or business deeIred extra-hazardous on
account of fire or otherwise;
(g) make no alterations or additions in or to said pranises without the
written consent of said lessor, which consent shall not unreasonably
be withheld;
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(h) leave the premises at the expiration or prior tennination of this
lease or any renewal or extension thereof, in as good oondi tion as
received,'cexcepting reasonable wear and tear, and damage arising
fran the negligence or default of the lessor, its agents, arployees,
or fran any of the causes set forth in paragraph 3 (A);
(i) pennit the .lessor to enter upon said premises at all reasonable
times to examine the oondition of the sane;
(j) indannify and save hannless the lessor fran and against any loss,
damage and liability occasioned by, growing out of, or arising or
resulting fran any default hereunder, or tortious or negligent act
on the part of lessee, its agents or arployees;
(k) not to inscribe, paint, affix, or display any sign, advertisement or
notice on any doors, windows or walls of said building without the
prior written consent of the lessor" Lessor shall provide lessee
with area display for occassional ~ements of events, activities,
or notices"
(1) abide by all rules and regulations adopted by lessor for the reasonable
conduct of the operation and control of said premises, providing
such rules and regulations will not be inconsistent with operating
a public library;
(m) pay and be liable for all costs, damages and attorney's fees incurred
by the lessor in any successful act on or proceeding in =urt taken
to enforce the obligations hereof, and any jtdgement rendered in
favor of the lessor in any such action shall be a lien upon the right
of possession of the lessee in said demised premises;
(n) in order to minimize wear and tear and damages to the property,
lessee agree to maintain and replace the plastic protector
floor nats under all chairs that IlDve on rollers and initially
provided by lessor;
(0) the lessee shall, and will, keep the inside of the premises in good
order and repair, during the term, and upon failure so to do, the
lessor shall have the right to give notice in writing to the lessee
specifying the damages caused by or arising fran the negligence of
the lessee, excepting reasonable nonnal wear and tear, the lessor
shall have the right to make such repairs and to add the anount of
the =st of then to the rent due under this lease on the first day
of the rronth following the date of the repairs; and the =st of such
repairs shall be, and shall =nstitute, such rent, together with
the rent herein provided for, and 'except as otherwise provided as
nonnal repairs nade by the lessor;
(p) the lessee shall, on dem:md, pay, as part of the rent, any increase
of premium for insurance of the building or premises, or any part,
above the least hazardous rate, for the business mentioned in this
lease, that nay be imposed in donsequence of the use or occupation
of the lessee, or that nay be due, in anyway, directly or indirectly,
to the use and occupation of the premises by the lessee;
2
(q) the lessee shall keep, save, and mld 1l<l'rm1ess the 1....'!IOr
fran any aId all dmtages and liability for anything and
eveJ:yt:hiDq whatever arising fran, or out of, the occupancy,
and fran any loss or n~ arising fran any fault or
negligence by the lessee, or any failm:e en the lessee's
part to CCIIply with any of the OOI1eIWlts, t.eDIIs and oondi-
ticns ocntailled in this agreement.
(r) lessee, as a govemaental entity, is l"'llp'lly self :insured
to the extent as follows: $1,000,000.00 per occurrence
or ac<'~n..'lt for bodily injUJ:y or property damaqe. I.eslJee
agrees to provide lessor with its certificate of sud1 self
coverage and agrees to maintain its self insurance as afore-
said in fozce and effect dur1ng the entire teJ:m of this
lease and any extensions thereof.
CIlV.l!m\Nl'S OF IESSOR:
2. And the lessor en its part OOI1eIWlts and agrees with the lessee
that it will:
(a) maintain the n-t aM pr-rI...... in good repair and tenantable
oondition dur1ng the amtinuance of this lease, except in
case of damaqe arising fran the negl i gpn..,.. of the lessee
or its agents or euployeesl subject, haiever, to the prcr
visiens of paragraph 3 (a) ;
(b) furnish electricity, water, refuse, sewage, heat, janitor
service :including supplies, and aut:cmci>i1e parki.ng fae; 1 ; ties
without additional oost to l~S':lE!l
(e) furnish security and grOlllld maintenance without additic:mal
cost to leS!!eel
(d) furnish janitorial service in acooxCance with Exhibit "B" -
specificatiens for janitorial service attached hel:etol
3
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(e) furnish the furniture, fixtures and equipnent as set
forth in EKhibit "e" attached hereto;
KlTUAL CXl\1ENANl'S:
3. It is IlIUtually agreed by and between the lessor and lessee that:
(a) if during the tenn hereof the danised prenises or any part
thereof be rendered untenantable by public authority, or by
fire or the elements, or other casualty (except such as shall
have resulted fran the negligence of the lessee), a propor-
tionate part of the rent herein reserved (whether paid in
advance or otherwise), shall be abated and suspended ac-
cording to the extent of such untenantability, until the pre-
mises are again rrade tenantable and restored to their fomer
condition by the lessor; and if the prenises or a substantial
part thereof are thereby rendered untenantable and so remain
for a period of 60 days, the lessee may at its option, ter-
minate this lease by written notice to the lessor, provided,
however, that if the prenises cannot by reasonable efforts
be restored to their fomer condition within 60 days, either
the lessor or the lessee shall have the option of terminating
this lease by written notice to the other.
(b) if the danised prenises shall be condeIm1ed or acquired by
the exercise of the power of eninent danain, then this lease
shall terminate at the time possession shall be required,
and the lessee shall be relieved of all future rental payments
hereunder. All damage offered in settlement or awarded for
such taking for any public purpose shall belong to and be the
property of the lessor whether such damage shall be awarded as
c::arpensation for diminution in value to the leasehold or to
the fee of the prenises herein denised.
(c) all fixtures and/or equipnent of whatsoever nature as shall
have been installed in the danised prenises by the lessee,
whether permanently affixed thereto or othez:wi.se, shall con-
tinue to be the property of the lessee, and may be rem:wed
by it at the expiration or termination of this lease or any
renewal or extension thereof, provided, however, the lessee
shall at its own expense repair any injury to the prenises
resulting fran such rem:>val.
(d) if the lessee shall pay the rent as herein provided, and
shall keep, observe and perfonn all the other covenants
of this lease by it to be kept, performed and observed,
the lessee shall and may, peaceably and quietly, have, hold,
and enjoy the said prenises for the tenn aforesaid.
(e) if the lessee shall at any tine be in default in the payment
of rent herein reserved, or in the perfonnance of any of the
covenants, tenns, conditions or provisions of this lease and
the lessee shall fail to renaiy such default within 30 days
after written notice thereof from the lessor; or if the lessee
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shall be adjlXiged a bankrupt, or shall make an assignment for
the benefit of creditors, or if a receiver of any property of
the lessee in or upal said premises be appointed in any action,
suit or p~;1'\g by or against the lessee, or if the inter-
est of the lessee in said premises shall be sold under El]leCU-
tion or other legal process, it shall be lawful for the lessor
to enter upon said pl"AT'; -~, and again have, repossess and
enjoy the same as if this lease had not been made, and there-
upal this lease and everything herein cxmtained on the part
of the lessor to be done and perfOl:IlE!d shall cease and deter-
mine, without prejudice however to the right of the lessor
to recover fran the lessee all rent due up to the time of
such entry. In case of any such default and entry by the
lessor, said lessor nay relet said premises for the remainder
of said teDn for the highest rent obtainable, and nay reoover
fran the lessee any deficiency between the aIIIJUI1t so obtained
and the rent herein reserved;
(f) this lease and all the oovenants, provisions and oooditions
herein cxmtained shall inUA to the benefit of and be bi.nding
upon the successors and assigns of the parties hereto; provided,
however, that no assignment fran, through or under the lessee
in violation of any of the provisions hereof shall vest in the
assigns any right, title or interest whatever.
(g) the Jeeeee shall be responsible for naintenanoe and replacement
of light bulbs in stuiy carrels furniture provided by lessor for
lessee use.
IN WITNESS WHEREOF, the parties hereto have executed this
lease on the date first hereinabove written.
ATTEST:
OPERATION SECOND CHANCE, INC.
:~~kti~~
(.....- /
CITY OF SAN BERNARDINO
"Lessee"
~~
Ci Y Clerk
Appro
s to form:
5
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EXHIBIT "A"
RENrAL SCHEDULE
50(: per square foot per IIDIlth or $6.00 per square foot per year.
Area to be occupied: 3,000 square feet
MOnthly Rent: $1,500.00
Annual Rent: $18,000.00
Camrencing on the 15th day of February, 1977 and ending on the 14th day
of February, 1982, at a total rent of ninety thousand dollars and 00/100
($90,000.00) for sixty (60) IIOnths, payable as follows:
$1,500.00
Upon the execution of this lease, receP'it of
which is hereby acknowledged, representing payrrent
of the last IIDIlth'S rent hereunder; January 15,
1982 through February 14, 1982 and
$750.00
on or before February 15, 1977, representing one
half of the first IIDIlth' s payrrent; thereafter
$1,500.00 on or before the 1st day of each IIDIlth
during the tenD of this lease, except January 1,
1982, whereby, $750.00 will be due representing
one half of that IIOnth's rent whereas, the last
IIDIlth's rent has been paid in advance.
The above includes use of security, parking, maintenance and janitorial
service including SUR'lies, utility, refuse sewage, and structional insurance
eJCpenSes. Also includes furniture throughout the librcu:y, use of the
oonference roan, rrn.1l.ti-purpose meeting roan, lobby, display and restroans.
All said rent shall be paid at the office of the lessor in San Bernardino,
california.
OPTICN FOR RENEWAL
lessee shall have the option to renew lease for another b;O (2) five (5)
year periods with the following conditions:
(a) Notice of intent to renew lease is given to lessor in writing
not later than sixty (60) days prior to tennination of lease
agreallent;
(b) MOnthly rent shall be adjusted for the next five (5) years by the
percentage of increase in cost of living. Cost of Living Index
to be used shall be the Bureau of Labor Statistics of the united
States Departnent of Labor COns1:mer Price Index, all itans,
Los Angeles - Long Beach area. It is agreed that the base to be
used is the Septanber, 1976. index which is 170.7 (1967-100).
Calparing the Index base of Sepl=.U:r, 1976 to the Index base at
the tine of renewal the IIDIlthly rent shall be increased by the
saIre percentage that $1,500.00 bears to the Index of 170.7. If
the 1967 calculation of said Consmer Price Index l$:>uld thereafter
be changed, then the base shall be adjusted to oorrespond to su::h
change.
EXHIBIT nAil
page 2
(e) On or before February 15, 1982 one half of the new IIOnthly
rental plus payment for the last IIOnth' s rent, which will be
January 15, 1987 through February 14, 1987, shall be due and
payable; thereafter, the new IIOnthly rental on or before the
1st day of each IIOnth except January 1, 1987 one half that
IIOnth's rent whereas, the last IIOnth'S rent has been paid in
advance.
(d) On or before February 15, 1987 one half of the new IIOnthly
rental plus payment for the last IIOnth' s rent, which will be
January 15, 1992 through February 14, 1992, shall be due and
payable; thereafter, the new IIOnthly rental on or before the
1st day of each IIOnth except January 1, 1992 one half that
IIOnth's rent whereas, the last IIOnth' s rent has been paid in
advance.
EXHIBIT "B"
Janitorial and Maintenance Specifications
Daily Service
Empty and clean ashtrays, wastebaskets and other trash
receptacles.
Remove and deposit all trash into designated pickup
containers.
Dust all desks, chairs, tables, filing cabinets and
all other office furniture.
Dust-Mop all tile and linoleum floors plus stairs and
lounges.
.
Vacuum trails in carpets
Spot clean glass and doors at entrance.
Clean and sanitize drinking fountains.
Clean washroom fixtures and sanitize.
Refill washroom dispensers.
Wet-Mop washroom floors with detergent and sanitize.
Wash splash marks from walls around sinks and mirrors.
Keep deodorant blocks in urinals at all times.
Sweep porch, steps and sidewalk around buildings.
Weekly Service
Wash all desks and table tops that are clear of material.
Wash all glass doors and aluminum castings on doors.
Damp mop all tile and linoleum floors and buff.
Vacuum entire carpet.
Dust all window sills.
Spot clean doors, walls and woodwork.
Periodically
Strip mop, wax and buff all tile and linoleum floors
when needed.
Shampoo entire carpet areas when needed.
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QTY.
2
2
2
1
1
17
25
3
4
2
2
8
2
2
1
1
1
4
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1
.
82 TOTAL
'.a.
EXHIBIT "C"
FURNISHED FURNITURES, FIXTURES AND EQUIPMENT
AREA NUMBER ONE (1) LIBRARY
DESCRIPTION
Chairs/Knoll 41 sps/w/rollers
Utility Stools/Brunning 60-155
Paperback Racks/Golden Oak
Card File/Golden Oak
Reference File/Golden Oak
Study Carrels/Golden Oak w/lights
Chairs/SJostrom/mod. set back
Tables/Golden Oak/48x72x29
Chairs/Gen. fire proof/Oak
Bookcase Shelves
Tables/Golden Oak 48x26
Chairs/Knoll 424 Cadet
Reference Shelf/Golden Oak
Chairs/Knoll 1301 vo
Desk/Golden Oak 813
Office Desk Chair/Knoll 1308-1
Table/Herman Miller ET 109/White
Chairs/Herman Miller Dsx
Sofa/Herman Miller 473
Sink and Stove
1
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The above list of furniture is furnished by the Lessor along with
built-in book shelves, counters, drapery and carpet.
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EXHIBIT "D"
Maintenance of Landscape
1. Mow all Lawn Areas once per week.
2. Weeding all Planters when needed.
3. Spraying and Fertilizing all lawn areas every
60 days.
4. Spraying of bugs on shrubs when needed.
5. Wa'sh all walks and patio per week.
6. General cleanup on entire landscape areas once
per week.
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EXHIBIT "E"
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"PUBLIC ENTERPRISE CENTER"
Operational Rules and Regulations
1. Hours of Operation
A. The "Public Enterprise Center" will be open for business
according to the following schedule:
Monday thru Friday - 7 A.M. to 12 P.M.
Saturday and Sunday - 9:30 A.M. to 6:30 P.M.
All Lessees must conform their operational office hours
within the above building operational schedule.
B. No one will be allowed in the building before or after
the above building operational schedule hours without
written authorization from the Lessor/and Security
notified of approval.
2. Security Management
. A. There will be a Security Guard on duty during the
building operational hours.
B. Complaints of any kind will be handled by the Security
Management.
C. Security Management will be the only persons having keys
to the outside doors of the building and the Multi-
Purpose meeting room and Conference room.
D. Security Management will be responsible for scheduling
activities in the Multi-Purpose meeting room and Con-
ference room.
E. Securjty Management will enforce all Building Rules and
Regulations.
3. Conference Room and MUlti-Purpose Meeting Room
A. All Lessees may use the Conference room and Multi-
Purpose meeting room. Security Management has the
responsibility of scheduling activities therefore,
reservations for said use by Lessees must be made
through the Security Guard.
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B. Reservat~ons for use of the Conference room or Multi-
Purpose ~eeting room must state the date, time beginning
and endipg of the activity,. specific activity, and person
responsible for reservation before permission will be
granted for said use.
C.. Reservations for use of the Conference room or Multi-
Purpose meeting room will not be granted by Security
Management for activities considered outside of the
functional operation of the Lessee's business such as
Political meetings, Parties, Wedding Receptions, Community
meetings, Etc. without the written authorization of the
Lessor.
D. Person responsible for reservation of Conference or Multi-
Purpose meeting rooms is also responsible to see that
the rooms are cleaned-up to normal wear immediately after
use.
4. General Operational Rules
A. There will be no unnecessary loud noise throughout the
building.
B. Any and all office furniture, fixtures, machinery and
equipment taken from the building must be checked out
with the Security Guard.
C. There will be no moving of office furniture and fixtures
from office to office without the approval of the
Security. Guard.
D. No Loitering in the Lobby, and Security will be responsible
to enforce this rule.
These Rules and Regulations are subject to change if conditions
warrant for reasonable conduct of the Operation and Control of
the. "Public Enterprise Center".
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July 11, 1976
RESOULTION
OSC BOARD OF DIRECTORS
BE IT HEREBY RESOLVED that the Board of Directors of Operation
Second Chance, Inc., on July 11, 1976 reaffirmed past resoultions.
giving the Executive Director Mrs. Frances J. Grice and Mr.
Wesley B. Jefferson, Controller, full power and authority and
hereby be authorized to act in the full capacity as the Operation
Second Chance's Authorized representatives to secure, negotiate,
sign, and accept grants, contracts and carry out all financial,
program, and contractual obligations and agreements on behalf
of the Board of Directors and Operation Second Chance, Inc.
BE IT FURTHER RESOLVED that Frances J. Grice, Executive Director
or/and Wesley B. Jefferson act as authorized representatives for
the Board of Directors and Operation Second Chance, Inc. to seek
funds and financial assistance to help to implement the programs
and goals of Operation Second Chance Inc., business within the
guidelines of the by-laws and O.S.C. Articles of Incorporation,
and within the guidelines of all City, State, County', and }'ederal
laws, financial institutions, public or private agencies, and
specific laws and guidelines as defined in any contractual con-
tract or grant received by Operation Second Chance, Inc.
BE IT FURTHER RESOLVED that this resoultion re-affirms previous
resoultions adopted by the Board of Directors of Operation
Second Chance, and will be recognized as the power of attorney
for Frances J. Grice and Wesley B. Jefferson to act as Operation
Second Chance's Authorized Representatives for all program
operations and contracts for the fiscal year beginning July 1, 1976
through June .30, 1977.
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.,..,'> - ;,....-~----~---....-
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Morris C. Antwine, CHAIRMAN
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Robert L. Cole, SECRETARY/TREASURER
II ;0~i ?b
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