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HomeMy WebLinkAbout12467 -. 1 RESOLUTION NO. /'?<~~7 . 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE WITH ALBERT M. GALLO , RELATING TO 3 THAT CERTAIN PARCEL OF REAL PROPERTY AND STRUCTURE LOCATED AT 1505 NORTH WATERMAN AVENUE. 4 BE IT RESOLVED BY THE MAYOR AND COmJN COUNCIL OF THE CITY OF SAN S BERNARDINO AS FOLLOWS: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 1. The Mayor of the City of San Bernardino is authorized and directed to execute on behalf of said City a lease with Albert M. Gallo , relating to that certain parcel of real property and structure located at 1505 North Waterman Avenue, a copy of which is attached hereto, marked Exhibit "A" 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 . ~ mej!ting thereof, held on the ,;z/~ Of~ ~~~~, 1976, by the following vote, to wit: Ans'~.~ -;4.'>t,~~ ~. NOES: (lA.,."....,,,;1-L-U'.. ~ ~//~ ~#.e--.rlPJ/ ABSENT: ~ day Approved as to form: /, / The foregoing resolution is hereby day of l~ , 1976. I LE 0 w jui~ 2:~ 1976 LUCILLE GOfORtH.CiI1ClerI( .,_-.:??7.~~,.vn: ... 1 I I i I I i I I day of I BERNARDINO, I LEA S E 2 3 (fire station - Waterman and Gilbert) THIS LEASE is made and entered into this 7t1 , 4 5 6 n a municipal corporation, , 1976, by and between the CITY OF SAN hereinafter called "Lessor", and Albert M. Gallo , hereinafter called "Lessee". 7 WIT N E SSE T H: ------- 8 WHEREAS, Lessor owns a certain parcel of real property and 9 structure fronting on Waterman Avenue in the City of San 10 Bernardino, and 11 WHEREAS, said Lessor's property is not now needed for 12 municipal use and is not contemplated for municipal use during 13 the term hereof, and 14 WHEREAS, Lessee desires the use of said land and structure 15 for purposes which are appurtenant to Lessee's business and 16 functions, 17 NOW, THEREFORE, in consideration of the rental hereafter 18 reserved and agreed to be paid to Lessor by Lessee and the mutual 19 promises, obligations, agreements and covenants hereinafter set 20 forth and the faithful performance thereof, the parties mutually 21 agree as follows: 22 23 Lessee, and the Lessee hires and leases from the Lessor those 1. Property Leased. Lessor hereby leases and lets to the 24 certain premises located at 1505 North Waterman Avenue, in the 2S City of San Bernardino, County of San Bernardino, State of 26 California, more particularly described as follows: 27 The south 100 feet of the west 150 feet of Lot 3, Block 40, Rancho San Bernardino as per plat thereof 28 recorded in Book 7 of Maps, page 2, records of the 1 2 County Recorder of said County, EXCEPTING therefrom that portion described in document recorded September 18, 1970 in Book 7519, page 252, official records of said County, and document recorded May 28, 1971 in Book 7677, page 383, official records of said County. 3 4 5 2. Term. Lessee agrees to forthwith make application for 6 a zoning variance for the property leased hereunder for the purpos 7 of obtaining a variance to permit the operation of a retail 8 florist shop on the aforesaid real property. The term of this 9 lease shall be for a period of ten (10) years commencing upon the 10 date of approval of the zoning variance by the Mayor and Common 11 Council of the City of San Bernardino, and ending on the date ten 12 (10) years thereafter; provided, however, in the event Lessee 13 fails to obtain said variance prior to November 1, 1976 and by 14 reason thereof this lease term fails to commence prior to 15 November 1, 1976, then this lease shall be null and void and of 16 no legal effect. In the event of a sale of the demised premises 17 by Lessor, then this lease shall remain in full force and effect 18 for the term hereof and the subsequent new owner of the premises 19 described herein shall at all times be bound to perform all 20 covenants, conditions and agreements and to collect all rents then 21 and thereafter owing by the terms hereof of the Lessor herein. 22 3. Rent. The total rent of this lease for the full ten 23 (10) year term is the sum of thirty nine thousand dollars ($39,000). 24 Lessee agrees to pay Lessor said amount in monthly installments 2S at the rate of three hundred dollars ($300) per month for the 26 first sixty (60) months of the term hereof, and then pay monthly 27 installments at the rate of three hundred fifty dollars ($350) per 28 month for the remaining sixty (60) months of the term hereof. The -2- ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 n 23 24 25 26 27 28 first monthly installment shall be payable at the time of the commencement of this lease term as aforesaid, and thereafter each monthly installment shall be paid on the first day of each and every month thereafter in advance. 4. Use. The demised premises shall be used for a florist shop and related uses. 5. Maintenance and Operation. The Lessee is familiar with the leased premises and has knowledge of the present conditions that 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 pro- vided all security service, custodial service, janitorial service and gardening service which is required for the proper care and use of the premises. In consideration of the rents herein pro- vided, the Lessee agrees to paint the entire structure, inside and out, using a grade of paint approved by the Lessor, repair the interior as needed and install central air conditioning and heating within a period of three (3) years after the date of commencement of the lease term as hereinabove set forth. All such painting, repairing and installations shall be done at the expense of Lessee and all such painting, repairing and installa- tions shall be done in a good workmanlike manner. The Lessee shall keep the leased premises and any and all improvements there- on free and clear of all liens, charges and encumbrances. 6. Inspections. 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 pur- pose of inspection of the premises to determine whether the terms -3- -. 1 and conditions of this lease are being performed and kept by 2 Lessee. 3 7. No Waste, Nuisance, or Unlawful Use. Lessee shall not 4 commit, or allow to be committed, any waste on the premises, or 5 nuisance, nor shall it use or allow the premises to be used for an 6 unlawful purpose. 7 8. Ownership. Lessee hereby acknowledges and accepts the 8 title and paramount ownership and interest of Lessor to the said 9 property and Lessee agrees not to claim, challenge or contest 10 said title, ownership and entire interest of Lessor. 11 9. Option to Renew. If the Lessee shall well and faith- 12 fully perform all of the terms, conditions and covenants of this 13 lease for the lease term hereof, then Lessee shall have the option 14 to renew this lease for an additional five (5) year period after 15 the expiration of the term of this lease at a total rent of 16 twenty four thousand dollars ($24,000) payable in monthly install- 17 ments at the rate of four hundred dollars ($400) per month in 18 advance over the additional five (5) year option period. Should 19 Lessee then exercise his first option for said additional five (5) 20 year term and well and faithfully perform all of the terms, 21 conditions, provisions and covenants of this lease for said 22 additional five (5) year period, then Lessee shall have an 23 additional option to renew this lease for another five (5) year 24 period at a total rental of twenty seven thousand dollars ($27,000 25 for said five (5) year period payable in monthly installments in 26 advance at the rate of four hundred fifty dollars ($450) per 27 month. Should Lessee then exercise his second option for said 28 additional five (5) year term and well and faithfully perform all -4- > - -----""""",. , , I I' 1 2 3 of the terms, conditions, provisions and covenants of this lease for said additional five (5) year period, then Lessee shall have an additional option to renew this lease for another five (5) year 4 5 6 period at a total rental of thirty thousand dollars ($30,000) for said five (5) year period payable in monthly installments in advance at the rate of five hundred dollars ($500) per month. 7 Upon the expiration of any extension period of this lease under 8 the aforesaid option provisions, this lease shall terminate. To 9 exercise the aforesaid options, Lessee must give Lessor written 10 notice of his intention to do so at least sixty (60) days before 11 this lease or any ensuing option term expires. 12 10. utilities. Lessee shall pay for all water, gas, heat, 13 telephone service and all other services which may be supplied to 14 the said premises. 15 11. Taxes. Lessee covenants during the term of this lease 16 to pay, when due, all taxes and assessments that may be assessed 17 or imposed upon the Lessee's possessory interest in and to the 18 premises and on personal property that is located on the demised 19 premises. Lessee agrees to indemnify and pay all sums due here- 20 under forthwith upon demand therefor by Lessor. 21 22 23 24 25 26 27 28 12. Defaults. In the event Lessee shall be in default in the payment of rentals or other charges hereunder or shall other- wise breach its covenants or obligations hereunder, and shall be and remain in default for a period of three (3) 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 said premises, and shall have the remedies now or hereafter provided by law for -5- 0{ s. 1 recovery of rent, repossession of the premises and damages 2 occasioned by such default. If such default should occur, then 3 Lessor shall have the right to take possession of and appropriate 4 to itself without payment therefor, any property of Lessee or 5 anyone claiming under him, then remaining on said premises. 6 13. Lease Breached by Lessee's Receivership, Assignment for 7 Benefit of Creditors, Insolvency, or Bankruptcy. Appointment of a 8 receiver to take possession of Lessee's assets, Lessee's general 9 assignment for benefit of creditors, or Lessee's insolvency or 10 taking or suffering action under the Bankruptcy Act is a breach 11 of this lease and shall terminate same. 12 14. Surrender Upon Termination. Upon revocation, surrender 13 or other termination of this lease, Lessee shall quietly and 14 peaceably surrender the said property occupied by this lease in as 15 good condition as same was at the time of Lessee's entry thereof, 16 reasonable wear and tear excepted, subject to the conditions 17 hereinabove set forth. 18 15. Hold Harmless. Lessee hereby agrees to, and shall, 19 hold Lessor, its elective and appointive boards, commissions, 20 officers, agents and employees harmless from any liability for 21 damage or claims for damage for personal injury, including death, 22 as well as from claims for property damage which may arise from 23 Lessee's operations under this agreement, whether such operations 24 be by Lessee's operations under this agreement, or by anyone or 25 more persons directly or indirectly employed by or acting as agent 26 for Lessee. Lessee agrees to and shall defend Lessor and its 27 elective and appointive boards, commissions, officers, agents and 28 employees from any suits or actions at law or in equity for -6- 4 h 1 damages caused, or alleged to have been caused, by reason of any 2 of the aforesaid operations. 3 4 16. Insurance. Lessee agrees to procure and maintain in force during the term of this lease and any extension thereof, at 5 6 its expense, a policy or policies of insurance against loss or damage to the leased premises, and appurtenances and permanent 7 8 9 10 11 12 13 14 15 16 equipment, resulting from fire, lightning, vandalism, malicious 'I mischief, and such perils ordinarily defined as "extended coverage' and other perils in a minimum amount of $40,000. Lessee agrees to procure and maintain in force during the term of this lease and any extension thereof, at its expense, public liability in- surance in companies and through brokers approved by Lessor, 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, and $50,000.00 17 for property damage. Such insurance policies shall provide 18 coverage for Lessor's contingent liability on such claims or 19 losses. Lessor shall furnish Lessee, concurrently with the 20 execution hereof, with satisfactory evidence of the insurance re- 21 quired, and evidence that each carrier is required to give City 22 at least ten (10) days' prior notice of the cancellation or re- 23 duction in coverage of any policy during the effective period of 24 this lease. Lessee agrees that, if such insurance policies are 25 not kept in force during the entire term of this lease and any 26 extension thereof, Lessor may procure the necessary insurance, pay . 27 the premium therefor, and that such premium shall be repaid to 28 Lessor as an additional rent installment for the month following -7- ~ l 1 the date on which such premiums are paid. 2 17. Damage by Fire, Earthquake, etc. It is expressly 3 understood and agreed that the rental hereunder shall become due 4 only in consideration of the right to occupy and use the leased 5 premises from year to year, and, except as herein provided, it is 6 the responsibility of Lessor to provide such right of occupancy 7 and use at all times. In the event of destruction or damage to 8 the leased premises by fire or earthquake or other casualty or 9 events so that they become wholly or partly unusable, Lessor, at 10 its option, may do either of the following: 11 (a) Rebuild and repair the leased premises so that they 12 shall be restored to use, in which case this lease shall remain in 13 full force and effect. Any excess of insurance proceeds resulting 14 from such destruction or damage (other than business (rent) 15 interruption insurance) over the amount expended for such repair- 16 ing or rebuilding, shall be paid to Lessor, or 17 (b) Declare this lease terminated and use and money 18 collected from insurance against the destruction of or damage to 19 the leased premises in any manner it sees fitting, provided, how- 20 ever, that if the leased premises can be repaired or rebuilt with- 21 in the period for which the Lessee has insurance against business 22 (rent) interruption, and if Lessor shall have sufficient funds 23 from the proceeds of insurance or otherwise for the necessary re- 24 pairing or rebuilding, Lessee may proceed under this option with 25 the Lessor's consent. 26 During such time as the leased premises are unusable, rent 27 shall cease. No further rental payments shall accrue until such 28 leased premises are again ready for occupancy and rental payments -8- ... .. 1 already made, if any, shall be equitably abated and adjusted 2 accordingly. In the event of partial damage to, or destruction of 3 the leased premises, so as to render a portion thereof unusable by 4 Lessee, such rental payments (including those already made, if any 5 shall, during the period of the partial unusability of the leased 6 premises, be in an amount that represents the fair market rental 7 value of the remainder of the leased premises usable by Lessee. S 18. Eminent Domain. If the whole of the leased premises, 9 or so much thereof as to render the remainder unusable for the 10 purposes for which the same was leased, shall be taken under the 11 power of eminent domain, then this lease shall terminate as of the 12 date possession shall be so taken. If less than the whole of the 13 leased premises shall be taken under the power of eminent domain, 14 and the remainder is usable for the leased purposes, then this 15 lease shall continue in full force and effect and shall not be 16 terminated by virtue of such taking and the parties may waive the 17 benefit of any law to the contrary, in which event there shall be 18 a partial abatement of the rent hereunder in an amount equivalent 19 to the prorated use of the remaining premises. Any award made in 20 eminent domain proceedings for the taking or damaging of the 21 leased premises in whole or in part shall be paid to the Lessor 22 (together with any other money which shall be or may be made avail 23 able for such purpose). 24 19. Assignments. Lessee shall not assign this lease or 2S sublet the said premises or any part thereof without obtaining 26 the prior written consent of the Lessor. 27 20. Lease Applicable to Successors, etc. This lease and 28 the terms, covenants, and conditions hereof apply to and are -9- ~ ,:.... 24 1 binding on the heirs, successors, executors, administrators, and 2 assigns of the parties hereto. 3 21. Non-Discrimination. The Lessor hereby covenants by andi 4 for itself, its heirs, executors, administrators, and assigns, and: I I 5 6 all persons claiming under or through it, and this lease is made and accepted upon and subject to the following conditions: 7 8 9 10 11 12 That there shall be no discrimination against or segregatio 'of any person or group of persons, on account of race, color, creed, national origin, or ancestry, in the leasing, subleasing, 13 , I , transferring, use, occupancy, tenure, or enjoyment of the premises I herein leased nor shall the Lessor itself, or any person claiming I , , , I I practices of discrimination or segregation with reference to the I selection, location, number, use, or occupancy, of tenants, lessee~, under or through it, establish or permit any such practice or 14 15 16 sublessees, subtenants, or vendees in the premises herein leased. 22. Validity. If anyone or more of the terms, provisions, 17 promises, covenants or conditions of this lease shall to any 18 extent be adjudged invalid, unenforceable, void or voidable for 19 any reason whatsoever by a court of competent jurisdiction, each 20 and all of the remaining terms, provisions, promises, covenants 21 and conditions of this lease shall not be affected thereby and 22 shall be valid and enforceable to the fullest extent permitted by 23 law. 23. Effect of Lessor's Waiver. Lessor's waiver of breach 25 of one term, covenant, or condition of this lease is not a waiver 26 of breach of others, nor of subsequent breach of the one waived. 27 Lessor's acceptance of rent installments after breach is not a 28 waiver of the breach, except of breach of the covenant to pay the -10- . <\ ~ . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 " q . I . . I' II rent installment or installments accepted. 24. Notices. All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows: Lessor City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Attention: Real Property Section Engineering Division Public Works Department 25. Recordation. Lessor may 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 said Lessor. 26. Time of Essence. Time is of the essence herein. IN WITNESS WHEREOF, the parties have hereto executed this lease on the date first hereinabove written. ATTEST: CITY OF SAN BERNARDIN "Lessor1l // _/ ..,.-/,,-./ ~...~ - .' A./?./ ~(,.- C:l Clerk /. / IfLesseell By Approved as to form: 4ft!! .ft~ b City Attor y FILED ,JUL "\9/u LUCILLE GOfORTH. C~ Cler!( ...,'221. ~.<: ?~.""t -11-