HomeMy WebLinkAbout10- Fire CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Larry R. Pitzer Subject: Contract with San Bernardino International
Airport Authority to furnish aircraft rescue and
fire fighting services at the San Bernardino
International Airport.
Dept: Fire IN
Date: January 19, 1999 ORIGINAL
Synopsis of Previous Council Action:
No previous Council action.
RECOMMENDATION:
1 . Adopt resolution.
Sig ature `
Contact Person: Larry R. Pitzer Phone: (909)384-5286
Supporting data attached: Staff Report Ward: City Wide U/A ¢n
FUNDING REQUIREMENTS: Amount: Not to exceed $ 45,000.
Source: (ACCT No) 001-202-5011-0000 & 001-202-5015-0000 (not
to exceed $ 40,000) and various Fire Materials & Supplies accounts (not to exceed $5,000)
(Acct Description) Fire Suppression (Salaries &
Overtime) and various Fire Materials & Supplies accounts
Finance:
Council Notes:
Agenda Item No.
zj )) 99
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
Resolution approving a lease between the San Bernardino
International Airport Authority and the City of San Bernardino for
an airport fire station.
BACKGROUND:
Federal Aviation Regulation Part 139 of Title 14 of the Code of
Federal Regulations ("Part 139") requires the San Bernardino
International Airport Authority , ("SBIAA") to furnish aircraft
rescue and fire fighting ("ARFF") services at the San Bernardino
International Airport (the "Airport") as a condition of holding a
Federal Aviation Administration operating certificate. In an
effort to provide ARFF services, in early 1997, the SBIAA and the
City of San Bernardino (the "City") initiated negotiation of a
lease of the existing fire station at the Airport which is also
commonly known as Building No. 680.
Pursuant to such lease, the City would provide : (i) aircraft fire
crash rescue services to the Airport and the SBIAA, (ii) additional
structural fire, emergency response and other life safety and
paramedic services and (iii) fire training services and facilities
for the benefit of the Airport and City fire fighters . Following
negotiation between James Monger of the SBIAA, Chief Larry Pitzer
of the City Fire Department and City Administrator Fred Wilson, a
lease satisfactory to both the City and the SBIAA was finalized in
the form of Exhibit "A" attached to Resolution No. _ (the
"Lease") .
The Lease provides for the maintenance of an aircraft fire crash
rescue operation at Building No. 680 (the "Fire Station") for an
initial term of five (5) years . The Lease term may be extended
for one additional five (5) year period. Only portions of Building
No. 680 would be leased to the City together with certain adjacent
parking south of the Fire Station and other concrete paved areas
surrounding the Fire Station. The City would pay the SBIAA an
annual rent of One Dollar ($1 . 00) in addition to the in-kind
aircraft fire crash rescue services the City will provide to the
Airport through the San Bernardino Fire Department.
FINANCIAL IMPACT:
The Fire Department has provided these services since 1993 . These
costs have been anticipated and are covered in the fiscal year
1998-99 budget . The City would provide a maximum $40, 000 . 00 of
annual fire fighting personnel services and an additional $5, 000.00
1
in other related expenses in support of the Fire Station. The
lease may be terminated by the City or the SBIAA without cause upon
delivery of at least ninety (90) days prior written notice.
RECOMMENDATION:
Adopt resolution.
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2
COPY
1 RESOLUTION NO.
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
3 CITY OF SAN BERNARDINO APPROVING A LEASE OF
PROPERTY LOCATED AT THE SAN BERNARDINO
4 INTERNATIONAL AIRPORT FROM THE SAN BERNARDINO
INTERNATIONAL AIRPORT AUTHORITY AND THE PROVISION
5 OF CERTAIN FIRE FIGHTING SERVICES PURSUANT THERETO
6
7 WHEREAS, the City of San Bernardino ("City") is a
8 municipal corporation and charter city organized and existing
9 pursuant to the constitution of the State of California; and
10
11 WHEREAS, the San Bernardino International Airport
12 Authority ("SBIAA") , a joint powers authority organized pursuant to
13 California Government Code Section 6500, at sea. , has the right of
14 possession of certain property located at the San Bernardino
15 International Airport (the "Airport") pursuant to a lease between
16 the Secretary of the Air Force on behalf of the United States and
17 the SBIAA dated January 18, 1994 which includes the building
18 commonly known as Building No. 680; and
19
20 WHEREAS, the City desires to lease portions of Building
21 No. 680 as an aircraft fire crash rescue facility for the benefit
22 of the aviation related activities of the SBIAA, local fire
23 fighters and the public benefit of the community; and
24
25 WHEREAS, the SBIAA desires the City to provide aircraft
26 fire crash rescue services to the Airport and the SBIAA, fire
27
SSE0/0001/00C/3425
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All /�9
I training services and facilities, and additional structural fire
2 emergency response and other life safety and paramedic services;
3 and
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5 WHEREAS, the City is willing to provide such services .
6
7 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY
8 OF SAN BERNARDINO DO HEREBY RESOLVE, DETERMINE AND ORDER AS
9 FOLLOWS :
10
11 Section 1 . The Lease Agreement with the SBIAA, in the
12 form attached hereto as Exhibit "A" and incorporated herein by this
13 reference (the "Lease") , is hereby approved.
14
15 Section 2 . The Mayor is hereby authorized to execute the
16 Lease on behalf of the City in substantially the form attached
17 hereto, together with such changes therein as the City Fire Chief
18 may recommend as being in the best interest of the emergency fire
19 protection services of the City. The effectiveness of the Lease
20 shall be conclusively evidenced by the signature of the Mayor upon
21 the complete execution of the Lease by all other parties . The
22 Mayor is further authorized to do any and all things and take any
23 and all actions as may be deemed necessary or advisable to
24 effectuate the Lease; provided however, the Lease shall be fully
25 executed by all the parties thereto by a date no later than April
26 30, 1999 .
27
SBEO/0001/DCC/3425
28 1/14/99 200 ct —2—
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING A CERTAIN LEASE OF PROPERTY LOCATED AT THE SAN
2 BERNARDINO INTERNATIONAL AIRPORT FROM SAN BERNARDINO INTERNATIONAL
AIRPORT AUTHORITY AND THE PROVISION OF CERTAIN FIRE FIGHTING SERVICES
3 PURSUANT THERETO
4 Section 3 . This Resolution shall take effect from and
5 after its passage and adoption.
6 I HEREBY CERTIFY that the foregoing Resolution was duly
7 adopted by the Mayor and Common Council of the city of San
8 Bernardino at a meeting thereof, held on the day
9 of February, 1999, by the following vote, to wit:
10 COUNCIL MEMBERS : AYES. NAYS ABSTAIN ABSENT
11 ESTRADA
12 LIEN
13 (VACANT)
14 SCHNETZ
15 DEVLIN
16 ANDERSON
17 MILLER
18
19 CITY CLERK
20
21 The foregoing Resolution is hereby approved this _ day of
, 1999 .
22
23 JUDITH VALLES, Mayor
24 City of San Bernardino
Approved as to form and
25 legal content :
26 JAMES F. PENMAN,
27 City Attorney
gy: Ciwr
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s 0001/DOG3425
1/14/99200a 3
I STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
2 CITY OF SAN BERNARDINO )
3 I, City Clerk of the City of San
Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy
4 of Mayor and Common Council of the City of San Bernardino.
Resolution No. is a full, true and correct copy of that now
5 on file in this office.
6 IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the Mayor and Common Council of the
7 City of San Bernardino this day of 1999 .
8
9 City Clerk
10 City of San Bernardino
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SBEO/0001/00C/3425
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1 EXHIBIT "A"
2 LEASE AGREEMENT
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28 Exhibit A-1
LEASE AGREEMENT
THIS LEASE AGREEMENT is made this day of January 1999,
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") .
i
j WITNESSETH
WHEREAS, the SBIAA has 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 has 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, it is the expectation of the parties that the
City will be able to provide the type and level of services
described herein from those funds budgeted by the City and
available during the 1998-99 fiscal year in a dollar amount not to
exceed $40, 000 of annual fire fighting personnel services allocated
to the operation of the Fire Station for the purposes of this
Agreement and an additional $5, 000 in other related expenses in
support of the fire fighting operations, equipment, supplies and
the maintenance of the Fire Station and apparatus as described
herein; 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 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
FOLLOWS :
Section 1 . 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
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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 the SBIAA, or
otherwise reserved by the SBIAA, for use and occupancy by the U. S .
Customs Service and the Resource Protection Force of the Inland
Valley Development Agency and the SBIAA, and (ii) the HVAC
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
restrooms, 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
two (2) 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.
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Section 2 . Term.
The term of this Lease Agreement shall commence as of the
effective date hereof and shall remain in effect for a period of
time equal to five (5) years from and after the date hereof (the
"Initial Term") . The City shall be entitled to assume 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 Renewal; Renegotiation.
(a) The City shall have the right to extend the term of
this Lease Agreement for one (1) additional five-year period (the
"Extended Term") provided that notice of the election by the City
to extend the term hereof shall be delivered in writing to the
SBIAA in the manner required for notices to the parties pursuant to
Section 13 hereof at least sixty (60) days, and not greater than
one hundred eighty ( 180) days, prior to the termination of the
Initial Term.
(b) Either party may inform the other party of the
necessity in the sole determination of the party seeking to
initiate a renegotiation that such party desires to formally
initiate a renegotiation of any term or provision of this Agreement
whether due to a change in circumstances regarding the level of
activity at the Airport or for any other operational, staffing or
financial concerns of either party. Such party seeking to initiate
such renegotiation shall provide the other party with at least
thirty (30) days' prior written notice of the intent of such party
to renegotiate this Agreement and stating the reasons for such
renegotiation and the intended changes or modifications to this
Agreement . Neither party shall have any duty or obligation to
negotiate with the party delivering such notice of renegotiation,
and in the event the party receiving the notice of renegotiation
fails or refuses to meet with the other party for any such
renegotiation, then the sole recourse available to the party
seeking to renegotiate this Agreement shall be to either continue
with the existing terms and provisions of this Agreement or to
terminate this Agreement pursuant to Section 5 .
Section 4 . 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
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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 5. 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.
Section 6. Use of Leased mi
During the Initial Term and any Extended Term of this
Lease Agreement 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
1 (c) hereof.
Section 7 . Acceptance of Leased Premises; Improvements .
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 confirmation by the
City and the ' SBIAA that the following set forth major components
are in a safe and working condition: the HVAC; availability and
functioning of all utilities; roof and other structural 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 structural 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
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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
structural or non-structural changes, improvements, modifications,
alterations or additions as 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 8 . Equipment Provided by the Parties .
(a) The SBIAA agrees that the following two (2) items of
apparatus shall be the only apparatus furnished by the SBIAA to the
City during the both the Initial Term and any Extended Term of this
Lease Agreement :
Description of
pgparatus Serial Number
P-20 Fire Crash Rescue 80184
Vehicle 150 gallon
capacity
2-4 Fire Crash Rescue 13069
Vehicle 1, 500 gallon
capacity
The SBIAA, and not the City, shall be responsible for the
replacement and upgrade of such enumerated apparatus from such
funds as the SBIAA may have available for such purposes to 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 Bernardino 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 .
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(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. Repairs 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,
HVAC 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.
Section 10 . Utilities .
(a) The SBIAA shall make available, or cause to be made
available to the Fire Station, adequate connections and service
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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 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 usage 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 usage
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 11 . Removal of Equipment and Personal Property.
(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 usable or would cause
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
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the SBIAA unless ownership thereof is otherwise specifically
transferred by the SBIAA to the City by appropriate written
instrument.
Section 12 . 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 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 Bernardino, 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.
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Section 14 . 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.
Section 15. 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 comply 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
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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 petroleum 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 16 . 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 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 any one 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 program for any of the
insurance requirements indicated in this Section. The City shall
provide the SBIAA upon request with written evidence of excess
SSIA/0001/OOC/341-6
1/27/99 900 ct -10-
coverage insurance policies that are required to be obtained by the
City as a part of any such bona fide self-insurance program.
Section 17 . Validity.
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 thereby and shall remain in full force and
effect and be valid and enforceable to the fullest extent permitted
by applicable law.
Section 18 . Entire Agreement .
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 1998-99 fiscal year. Any modifications 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 .
SBIA/0001/DCC/341-6
1/27/99 900 ct -11-
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 Bernardino .
By:
Title:
(SEAL)
ATTEST:
City Clerk
Approved as to Form
and Legal Content:
James F. Penman
City ttorney
By:
San Bernardino International Airport
Authority
By:
Title:
(SEAL)
ATTEST:
Secretary
Approved as to Form
and Legal Content:
By:
General Counsel
SBIA/0001/OOC/341-6
1/27/99 900 ct -12-
EXHIBIT "A"
(Description of Fire Station,
Leased Premises, Excluded Area
and adjacent leased areas)
SBIA/0001/DOC/341-6
1/27/99 900 ct -13-
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an Bernardino
R A C H E L C L A R K
C I T Y C L E R K
February 9, 1999
Mr. Tim Sabo
Law Offices of Sabo and Green
201 N. "E" Street, Suite 300
San Bernardino, CA 92401-1507
Dear Tim:
At the Mayor and Common Council meeting of February 1, 1999, the City of San
Bernardino adopted Resolution 1999-20 approving a lease of property located at the
San Bernardino International Airport from the San Bernardino International Airport
Authority and the provision of certain fire fighting services pursuant thereto.
Enclosed are one (1) original Lease Agreement and two (2) duplicate original Lease
Agreements. Please obtain signatures where indicated and return the original Lease
Agreement and one duplicate original Lease Agreement to the City Clerk's Office, P.O.
Box 1318, San Bernardino, CA 92418. Please keep a fully executed duplicate original
agreement for your files. Said agreements have been executed by the Mayor, City
Attorney, and the City Clerk.
If you have any questions, please do not hesitate to call Sandra Medina at (909) 384-
5002.
Sincerely,
Rachel G. Clark
City Clerk
RGC:ecg
Enclosures
Ltr.agreement
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an Bernardino
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R A C H E L C L A R K
C I T Y C L E R K
February 9, 1999
Mr. Tim Sabo
Law Offices of Sabo and Green
201 N. "E" Street, Suite 300
San Bernardino, CA 92401-1507
Dear Tim:
At the Mayor and Common Council meeting of February 1, 1999, the City of San
Bernardino adopted Resolution 1999-20 approving a lease of property located at the
San Bernardino International Airport from the San Bernardino International Airport
Authority and the provision of certain fire fighting services pursuant thereto.
Enclosed are one (1) original Lease Agreement and two (2) duplicate original Lease
Agreements. Please obtain signatures where indicated and return the original Lease
Agreement and one duplicate original Lease Agreement to the City Clerk's Office, P.O.
Box 1318, San Bernardino, CA 92418. Please keep a fully executed duplicate original
agreement for your files. Said agreements have been executed by the Mayor, City
Attorney, and the City Clerk.
If you have any questions, please do not hesitate to call Sandra Medina at (909) 384-
5002.
Sincerely,
4d
Rachel G. Clark
City Clerk
RGC:ecg
Enclosures
Uragreement
R . O . B O X 1 8 1 8 , S A N B E R N A R 0 1 N O , C A 9 2 4 0 2
3 0 0 N O R T H D S T R E E T S A N 8 E R N A R D I N 0 .
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R A C H E L C L A R K
C I T Y C L E R K
March 1, 1999
Mr. Tim Sabo, Esq.
Law Offices of Sabo and Green
201 N. "E" Street, Suite 300
San Bernardino, Ca 92401-1507
Dear Mr. Sabo:
Enclosed for your records is a fully executed duplicate original agreement, along with a
copy of Resolution No. 1999-20.
If you have any questions regarding this matter,please do not hesitate to call Melanie
Miller or Sandra Medina at(909) 384-5002.
Sincerely,
Rachel Clark
City Clerk
By: Sandra Medina
Administrative Operations Supervisor
Enclosures
P . O . 0 0 % 1 2 1 5 , S A N D E R N A R 0 1 N 0 C A 9 2 4 0 2
0 0 0 N 0 R I N D S 1 R E C T S A N R E R N A R D I N 0 .
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C I T Y O F
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an Bernardino
R A C H E L C L A R K
C I T Y C L E R K
March 1, 1999
Mr. Jim Monger
Executive Director
S.B.I.A.A.
294 S. Leland Norton Way, Suite 1
San Bernardino, CA 92408
Dear Mr. Monger:
Enclosed for your records is a fully executed duplicate original agreement, along with a
copy of Resolution No. 1999-20.
If you have any questions regarding this matter, please do not hesitate to call Melanie
Miller or Sandra Medina at(909) 384-5002.
Sincerely,
Rachel Clark
City Clerk
By: Sandra Medina
Administrative Operations Supervisor
Enclosures
P . O . B 0 3 1 3 1 0 , S A H B E R N A R 0 1 N 0 . C A 9 2 4 0 2
3 0 0 N 0 R T H 0 - S T R E E T S A N 8 E R N A R 0 1 N 0 .
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