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RESOLUTION NO. L c:( 9' .2~
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A RENTAL AGREEMENT WITH EMERGENCY SERVICE ACTIVITY,
INC. FOR THE KELLOGG LIBRARY BUILDING SITUATED AT 1322 NORTH
MUSCOTT STREET, SAN BERNARDINO, CALIFORNIA.
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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
7 hereby authorized and directed to execute on behalf of said City
8 a Rental Agreement with Emergency Service Activity, Inc. for the
9 Kellogg Library Building situated at 1322 North Muscott Street,
10 San Bernardino, California, a copy of which is attached hereto,
11 marked Exhibit "A" and incorporated herein by reference as
12 fully as though set forth at length.
13 I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor ~and
I Bernardino at a.'l~ _
'on the v:? C/~~ay
of the City of San
meeting thereof, held
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, 1977, by the following
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vote, to wit:
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coun~#-7men ~~:z .1-" / (<;:/~tfli0;
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AYES:
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NAYS:
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ABSENT:
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~ fo~~going resolution is hereby
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~no
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~d~
ity Attorney
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RENTAL AGREEMENT
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(Kellogg Library Building - Month-to-Month)
This agreement is made and entered into this or~ day of
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o4:J&"I/z~ , 1977, by and between the CITY OF SAN BERNARDINO
a municipal corporation, hereinafter called "Landlord", and
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EMERGENCY SERVICE ACTIVITY, INC., a non-profit corporation,
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hereinafter called "Tenant".
WIT N E SSE T H:
1. Location of Premises. The Landlord does by these
10 presents rent to Tenant, and Tenant does hereby rent, hire and
11 take from said Landlord, the Kellogg Library Building situated
12 at 1322 North Muscott Street, San Bernardino, California.
13 2. Term. The rental agreement shall be for a month-to-
14 month tenancy commencing on 5~~? , 1977, and
15 continuing thereafter on a month-to-month basis until terminated
16 by either of the parties.
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3. Rental. The rental for said premises hereinabove
18 described shall be at the rate of one hundred twenty-five dollars
19 ($125.00) per month payable on or before the ~ day of each
20 month in advance commencing /r~n~f , 1977. All
21 rental payments shall be payable at Landlord's office at 300
22 North "D" Street, San Bernardino, California 92418 in the Finance
23 Departmen t .
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4. Use of Premises. Tenant shall use said premises for
25 classroom facilities to train emergency medical care personnel
26 and uses related thereto.
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5. Tenant to Obey Laws. All governmental laws and
28 ordinances shall be complied with by the Tenant.
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6. Maintenance. Landlord shall maintain and keep in good
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repair the roof and exterior of the building and the hallways,
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restrooms, stairways and other public or common areas of the
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building at no expense to Tenant.
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7. utilities. Tenant shall provide and pay for all
6 utilities, heat and air conditioning, trash and refuse disposal,
7 water, gas, electricity, telephone service, etc.
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8. Fixtures. The Tenant may, upon termination of this
9 rental agreement, remove from said premises all shelving, trade
10 fixtures, equipment and personal property belonging to said
11 Tenant.
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9. Termination. This rental agreement may be terminated
13 by either of the parties hereto by the giving of thirty (30) days'
14 advance written notice of the termination date.
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10. Taxes. Tenant covenants during the term of this
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Rental Agreement to pay, when due, all taxes and assessments that
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may be assessed or imposed upon the Tenant's possessory interest
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in and to the premises and on personal property that is located
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Ion the demised premises.
Iharmless from any and all liability for such taxes.
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I 11. Subletting.
Inot be assigned or sublet to any other person, firm or corporation.
Tenant shall hold Landlord free and
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The rights of the Tenant hereunder shall
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12. Improvements. Tenant shall not make any improvements
to the premises without the prior written consent of Landlord
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first obtained.
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13. Access to Premises. Landlord shall have access to
27 said premises at any and all reasonable times to inspect same
28 to determine compliance with this agreement by Tenant.
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14. Liens. Tenant agrees to keep the premises free and
clear of all mechanic's liens that might arise out of making
repairs or improvements on said premises.
15. Keep Grounds in Neat Order and Condition. Tenant agree
to keep the grounds in neat order and condition, to permit no
waste or injury to the trees, shrubbery, lawn, or vines and not to
remove them from the premises. Tenant further agrees to do all
necessary watering, lawnmowing, and maintenance necessary to
maintain the grounds in such condition.
16. No Inflammable Substance. Tenant shall not keep or hav
on the premises any articles or things of a dangerous, inflammable
or explosive character that might increase the danger of fire,
or that might be considered "hazardous" or extra-hazardous" by
any responsible insurance company.
17. Good Order and Repair. Tenant shall keep the fixtures
in the building or on or about the premises in good order and
repair; keep the faucets in repair; keep the premises clean; keep
any electrical valves in order; keep the walks free from dirt
and debris; and, at its own expense, shall make all required
repairs to the plumbing, range, heating apparatus and electrical
and gas fixtures whenever damage thereto shall have resulted
from said Tenant's misuse, waste or negligence. Tenant also
agrees that no signs shall be placed or painting done on or about
the premises without the prior written consent of Landlord.
18. Landlord's Right to Show Property. It is understood
and agreed that Tenant's occupancy of the premises is of a tempora y
nature and that the building is at this time being advertised
by City as being for sale. Landlord or its agent shall have
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the privilege of placing "For Sale" signs on the premises and
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of showing the property to prospective purchasers.
19. Expiration of Agreement. Upon the termination of this
4 agreement as herein provided, Tenant shall quit and surrender
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5 the premises hereby demised in as good state and condition as
6 they were in at the commencement of the occupancy by Tenant
7 pursuant to the provisions hereunder, reasonable use and wear
8 thereof and damages by the elements excepted.
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20. Qefault by Tenant. Should Tenant default in any of
10 its obligations hereunder or in the performance of any other
11 covenants and agreements herein contained, this agreement, and
12 the relation of Landlord and Tenant, at the option of Landlord,
13 shall wholly cease and terminate and Landlord may re-enter the
14 premises and remove all persons and property therefrom.
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21. Insurance. Tenant agrees to purchase and maintain
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during the term hereunder public liability insurance to protect
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against any liability to the public incident to the use of or
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resulting from any accident occurring in or about said premises,
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liability under such insurance to be not less than $100,000 for
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anyone person injured, or $200,000 for anyone accident, or
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$50,000 for property damage. Tenant shall furnish Landlord
IWith certificates of insurance as evidence of Tenant's compliance
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with the foregoing provisions.
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22. Notices. All notices required shall be in writing
25 and delivered in person or sent by certified mail, postage pre-
26 paid, addressed as follows:
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Tenant
Landlord
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City Administrator
Emergency Medical Services
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City Hall
300 North "D" Street
San Bernardino, CA 92418
Activity, Inc.
195 North "D" Street
San Bernardino, CA 92401
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23. Heirs, Successors, Etc. The covenants and conditions
4 herein contained shall apply to and bind the heirs, executors,
5 and legal representatives of the parties hereto and all covenants
6 are to be construed as conditions.
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24. Hold Harmless. Tenant hereby agrees to, and shall,
8 hold Landlord, its elective and appointive boards, commissions,
9 officers, agents and employees, harmless from any liability for
10 damage or claims for damage for personal injury, including death,
11 as well as from claims for property damage which may arise from
12 Tenant's operations under this agreement, whether such operations
13 be by Tenant or by anyone or more persons directly or indirectly
14 employed by, or acting as agent for Tenant. Tenant agrees to,
15 and shall, defend Landlord and its elective and appointive
16 boards, commissions, officers, agents and employees from any
17 suits or actions at law or in equity for damages caused, or
18 alleged to have been caused, by reason of any of the aforesaid
19 operations.
20 IN WITNESS WHEREOF, the parties hereto have executed this
21 Rental Agreement on the date first hereinabove written.
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ATTEST:
INC.
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Ci'ty Clerk'
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