HomeMy WebLinkAbout07.A-Police RESOLUTION (ID# 1991) DOC ID: 1991 A
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Lease
From: Robert Handy M/CC Meeting Date: 09/17/2012
Prepared by: Julie Jensen, (909) 384-5742
Dept: Police Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
City Manager to Execute a Lease Agreement and Authorizing the Issuance of a Purchase Order
to Chase Financial Services for a Four Year Parking Lot Lease and Utility Payments Not to
Exceed $40,000 with an Optional Annual Renewal. (At Meeting of September 4, 2012, Item
Continued to September 17, 2012.)
Financial Impact:
Account Budgeted Amount: $40,000
Account No. 001-210-0049-5171
Account Description: Police Support Services-Lease Payments
Balance as of: 7/30/2012 $0
Balance after approval of this item: $0
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred,but not yet processed. This approval is contingent
upon the status of the restructuring proceedings filed as of August 1,2012.
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Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
6/17/2008 Resolution 2008-241 authorizing a lease agreement and purchase order to Chase
Financial Services for parking lot lease.
Background:
On June 17, 2008, Council approved Resolution 2008-241 authorizing a lease agreement
between the City of San Bernardino Police Department and Chase Financial Services to expand
Police parking facilities. The term of the agreement ended June 30, 2012.
The Chase Financial Services parking lot, located west of the Police station, provides
approximately 80 parking spaces for Police employee vehicles and a variety of specialty Police
vehicles. Despite a reduction in the number of Police employees over the past four years, the
parking lot usage is near capacity due to the number of law enforcement vehicles and seized
vehicles that are parked and stored in this area. With budget reductions and reorganizing, the
Department will have offsite personnel returning to the main station combined with the
elimination of many take-home vehicles. These steps and others will require the continued use
of the leased parking area.
The following proposed lease schedule includes a 2%increase in year 2 and 4 of the agreement.
Updated:9/10/2012 by Linda Sutherland A Packet Pg.72
1991
Lease Period Fiscal Period Monthly Cost Annual Cost
... Year 1 FY 2012-13 $2771.79 $33,261
Year 2 FY 2013-14 $2827.23 $33,927
Year 3 FY 2014-15 $2827.23 $33,927
Year FY 2015-16 $2883.77 $34,605
In addition to the annual lease payment, the City will be responsible for the payment of electrical
costs to light the parking lot. Chase Financial Services will bill the City for actual charges on a
quarterly basis. Total cost for electrical usage is projected not to exceed$5,000.
City Attorney Review:
Supporting Documents:
Reso (PDF)
Exhibit A-Lease Agreement (PDF)
Updated:9/10/2012 by Linda Sutherland A Packet Pg.73
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A
3 LEASE AGREEMENT AND AUTHORIZING THE ISSUANCE OF A PURCHASE
4 ORDER TO CHASE FINANCIAL SERVICES FOR A FOUR YEAR PARKING LOT
LEASE AND UTILITY PAYMENTS NOT TO EXCEED $40,000 WITH AN
5 OPTIONAL ANNUAL RENEWAL.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
7 THE CITY OF SAN BERNARDINO AS FOLLOWS:
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9 SECTION 1: That the City Manager is authorized to execute on behalf of the City a lease
10 agreement between the City of San Bernardino and Chase Financial Services, a copy of which rn 0
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11 is attached hereto, marked Exhibit"A"and incorporated herein by reference as fully as though m
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set forth at length.
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14 SECTION 2: That the Mayor and Common Council authorize the Purchasing Manager to a
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15 issue a purchase order to Chase Financial Services in the amount of$40,000. The Purchase
16 Order shall reference this Resolution No. 2012- and shall read, Annual Lease of Parking
17 Lot,total not to exceed$40,000. °m
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SECTION 3: The authorization to execute the above referenced purchase order is rescinded c
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20 if not issued within ninety(90) days of the passage of this resolution.
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Packet;09,74
Y.A.a
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A
2 LEASE AGREEMENT AND AUTHORIZING THE ISSUANCE OF A PURCHASE
ORDER TO CHASE FINANCIAL SERVICES FOR A FOUR YEAR PARIUNG LOT
3 LEASE AND UTILITY PAYMENTS NOT TO EXCEED $40,000 WITH AN
4 OPTIONAL ANNUAL RENEWAL.
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6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a meeting
8 thereof,held on the_day of 2012,by the following vote,to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT a
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11 MARQUEZ
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12 JENKINS a
13 VALDIVIA `m
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14 SHORETT N
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KELLEY
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17 JOHNSON c
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18 MCCAMMACK
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20 Georgeann Hanna, City Clerk
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21 The foregoing Resolution is hereby approved this day of ,2012.
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24 Patrick J. Morris, Mayor
City of San Bernardino
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Approved as to form:
26 JAMES F. PENMAN,
27 City Attorney
28 By:
., Packef Pg.i5 :
Exhibit A
... LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
CHASE FINANCIAL SERVICES FOR USE OF THE PARKING LOT LOCATED
AT 701 NORTH E STREET,SAN BERNARDINO,CALIFORNIA
This lease agreement is entered into on , between CHASE FINANCIAL
SERVICES, a corporation organized under the laws of the State of California,having its
principal place of business at 701 North E Street, San Bernardino, San Bernardino
County, CA., referred to as "lessor," and CITY OF SAN BERNARDINO, a municipal
corporation organized under the laws of the State of California,having its principal place y
of business at 300 North D Street, San Bernardino, San Bernardino County, CA., referred
to as `lessee." J
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SECTION ONE
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DESCRIPTION OF PREMISES a
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Lessor leases to lessee a parking lot area of the premises located at 701 North E Street, c
San Bernardino, San Bernardino County, CA., and described more particularly as
follows: approximately 80 stalls in an existing parking lot located north of the Chase d
Financial Services building and directly adjacent to the west property line of the SAN t
BERNARDINO POLICE DEPARTMENT HEADQUARTERS located at 710 North D
Street, San Bernardino, San Bernardino County,California.
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SECTION TWO
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TERM E
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The term of this lease agreement is four years, beginning on July 1, 2012, and a
terminating on June 30, 2016, at 11:59.59 PM. The Agreement may be terminated by
either parry with 30-days written notice. Lessee will have first right of refusal pertaining
to any other agreements with the Lessor. d
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SECTION THREE x
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RENT c
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A. The total rent under this lease agreement is scheduled as follows:
Year-1 (7/1/12-6/30/13) $2771.79 per month a
Year-2 (7/1/13-6/30/14) $2827.23 per month
Year-3 (7/1/14-6/30/15) $2827.23 per month
Year-4 (7/1/16-6/30/17) $2883.77 per month
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Exhibit A
B. In addition to the above rent schedule,Lessee shall reimburse Lessor for electricity
required to operate parking lot lights,
SECTION FOUR
USE OF PREMISES AND IMPROVEMENTS
A. The demised premises are to be used for the purposes of parking City employee
vehicles and City owned police sedans, motorcycles, utility pick-up trucks, trailers,
radar/sign trailers, and other specialized law enforcement support vehicles on an asphalt d
surface inside a fenced perimeter with lighting, security cameras, concrete curbs, A
drainage, and paint designated parking stalls. Lessee shall restrict its use to such
purposes, and shall not use or permit the use of the demised premises for any other
purpose without the prior, express, and written consent of lessor, or lessor's authorized
agent. Y
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B. At the termination of this agreement, lessee agrees to be responsible for fence
removal (if desired by lessor) and wall repairs to the existing boundary wall of the San
Bernardino Police Department's headquarters located at 710 North D Street, San =_
Bernardino, San Bernardino County, California.
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SECTION FIVE
RESTRICTIONS ON USE o
A.Lessee shall not use the demised premises in any manner that will increase risks a
covered by insurance on the demised premises and result in an increase in the rate of v
insurance or a cancellation of any insurance policy, even if such use may be in rn
furtherance of lessee's business purposes. ¢
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B. Lessee shall not keep, use, or sell anything prohibited by any policy of fire
insurance covering the demised premises, and shall comply with all requirements of the a
insurers applicable to the demised premises necessary to keep in force the fire and a
liability insurance. x
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SECTION SIX
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WASTE,NUISANCE, OR UNLAWFUL ACTIVITY
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Lessee shall not allow any waste or nuisance on the demised premises, or use or allow ¢
the demised premises to be used for any unlawful purpose.
SECTION SEVEN
DELAY IN DELIVERING POSSESSION
This lease agreement shall not be rendered void or voidable by the inability of lessor
to deliver possession to lessee on the date set forth in Section Two. Lessor shall not be
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Packet Pg. 77
Exhibit A
liable to lessee for any loss or damage suffered by reason of such a delay; provided,
however, that lessor does deliver possession no later than July 1, 2008. No extension of
this lease agreement shall result from a delay in delivering possession.
SECTION EIGHT
UTILITIES
Lessee shall pay lessor for electricity required for parking lot lighting. Lessor will
provide lessee with a copy of the monthly Edison statement from which the m
reimbursement will be based. Payment will be paid in arrears for the term of this lease o
agreement.
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SECTION NINE o
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REPAIRS AND MAINTENANCE
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Lessee shall maintain the demised premises and keep them in good repair at its
expense.
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SECTION TEN
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DELIVERY,ACCEPTANCE,AND SURRENDER OF PREMISES
A.Lessor represents that the demised premises are in fit condition for use by lessee.
Acceptance of the demised premises by lessee shall be construed as recognition that the
demised premises are in a good state of repair and in sanitary condition.
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B. Lessee shall surrender the demised premises at the end of the lease term, or any a
renewal of such term, in the same condition as when lessee took possession, allowing for y
reasonable use and wear, and damage by acts of God, including fires and storms. d
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SECTION ELEVEN w
PARTIAL DESTRUCTION OF PREMISES v
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A.Partial destruction of the demised premises shall not render this lease agreement
void or voidable, nor terminate it except as specifically provided in this lease agreement. a
If the demised premises are partially destroyed during the term of this lease agreement,
lessor shall repair them when such repairs can be made in conformity with governmental
laws and regulations, within 180 days of the partial destruction. If the repairs cannot be
made in 180 days, and if lessor does not elect to make them within a reasonable time,
either party shall have the option to terminate this lease agreement.
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Packet Pg.78
Exhibit A
SECTION TWELVE
ENTRY ON PREMISES BY LESSOR
A.Lessor reserves the right to enter on the demised premises at reasonable times to
inspect them,perform required maintenance and repairs,or to make additions,alterations,
or modifications to any part of the parking lot in which the demised premises are located,
and lessee shall permit lessor to do so. Lessor agrees to coordinate any access to the
property with the San Bernardino Police Department in advance before entry. Lessor
acknowledges that there are inherent risks associated with law enforcement services and m
agrees to instruct all of it's agents,employees,contractors,officers, and representatives to v
follow instructions related to safety and security provided by uniformed police personnel J
and civilian City managers while on the premises of the San Berardino Police
Department and on the leased property once occupied by the lessor.
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SECTION THIRTEEN a
SIGNS,AWNINGS,AND MARQUEES INSTALLED BY LESSEE
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A.Lessee shall not construct or place signs, awnings, marquees, or other structures a
projecting from the exterior of the demised premises without the prior, express, and o
written consent of lessor.
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SECTION FOURTEEN n
BUSINESS RELATED SIGNS
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Lessee shall not conduct"Going out of Business," "Lost Our Lease,„"Bankruptcy,”or
other sales of that nature on the demised premises without the written consent of lessor.
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SECTION FIFTEEN v
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NONLIABILITY OF LESSOR FOR DAMAGES
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Lessee agrees to indemnify and hold harmless Lessor, its officers and agent from any w
and all claims, actions, or losses, damages and/or liability resulting from Lessee's
negligent acts or omissions arising from the Lessee's performance of its obligations under E
the Agreement.
Lessor agrees to indemnify and hold harmless the City, its officers, agents, and a
volunteers from any and all claims, actions, or losses, damages and/or liability resulting
from Lessor's negligent acts or omissions arising from the Lessor's performance of it's
obligations under the Agreement.
In the event the Lessee and/or the Lessor is found to be comparatively at fault for any
claim, action, loss or damage which results from their respective obligations under the
Agreement, the Lessee shall indemnify the other to the extent of its fault.
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Exhibit A
SECTION SIXTEEN
LIABILITY INSURANCE
A. Lessee shall procure and maintain in force at its expense during the term of this
lease agreement and any extension of such term, public liability insurance with insurers
and through brokers approved by lessor. Such coverage shall be adequate to protect
against liability for damage claims through public use arising out of accidents occurring
in or around the demised premises, in a minimum amount of$1,000,000 for each person
injured, $1,000,000 for any one accident, and $1,000,000 for property damage. The v
insurance policies shall provide coverage for contingent liability of lessor on any claims m
or losses. The insurance policies shall be delivered to lessor for safekeeping. Lessee shall
obtain a written obligation from the insurers to notify lessor in writing at least 30 days
prior to cancellation or refusal to renew any policy. m
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In lieu of the foregoing policy of insurance, the Lessee may provide a Certificate of a"
Self Insurance to Lessor.
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B. If the insurance policies required by this section are not kept in force during the
entire term of this lease agreement or any extension of such term, lessor may procure the v
necessary insurance and pay the premium for it, and the premium shall be repaid to lessor
as an additional rent installment for the month following the date on which the premiums 0
were paid by lessor.
SECTION SEVENTEEN
ASSIGNMENT, SUBLEASE,OR LICENSE v
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A. Lessee shall not assign or sublease the demised premises, or any right or privilege a
connected with the demised premises, or allow any other person except agents and
employees of lessee to occupy the demised premises or any part of the demised premises
without first obtaining the written consent of lessor. A consent by lessor shall not be a a
consent to a subsequent assignment,sublease, or occupation by other persons. a
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B. An unauthorized assignment, sublease, or license to occupy by lessee shall be void w
and shall terminate this lease agreement at the option of lessor.
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C. The interest of lessee in this lease agreement is not assignable by operation of law E
without the written consent of lessor.
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SECTION EIGHTEEN
BREACH
The appointment of a receiver to take possession of the assets of lessee, a general
assignment for the benefit of the creditors of lessee, any action taken or allowed to be
_ taken by lessee under any bankruptcy act, or the failure of lessee to comply with each
term and condition of this lease agreement shall constitute a breach of this lease
Page 5 of 9
Exhibit A
agreement. Lessee shall have 90 days after receipt of written notice from lessor of any
�- breach to correct the conditions specified in the notice. If the corrections cannot be made
within the 90-day period, lessee shall have a reasonable time to correct the default if
action is commenced by lessee within 30 days after receipt of the notice.
SECTION NINETEEN
ATTORNEY FEES
In the event that litigation is brought by any party in connection with this ;
Agreement, the prevailing party shall be entitled to recover from the opposing party all
costs and expenses, including reasonable attorney's fees, incurred by the prevailing party
in the exercise of any of its rights or remedies hereunder or the enforcement of any of the
terms, conditions or provisions hereof. The costs, salary and expenses of the City
Attorney and members of his office in enforcing this Agreement on behalf of the City s
shall be considered as"attorney's fees"for the purpose of this paragraph, a
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SECTION TWENTY
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CONDEMNATION E
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Eminent domain proceedings resulting in the condemnation of a part of the demised
premises, but leaving the remaining premises usable by lessee for the purposes of its
business, will not terminate this lease agreement unless lessor, at its option, terminates n
this lease agreement by giving written notice of termination to lessee. The effect of any
condemnation, where the option to terminate is not exercised, will be to terminate this m
lease agreement as to the portion of the demised premises condemned, and the lease of E
the remainder of the demised premises shall remain intact.The rental for the remainder of
the lease term shall be reduced by the amount that the usefulness of the demised premises a
has been reduced for the business purposes of lessee. Lessee assigns and transfers to
lessor any claim it may have to compensation for damages as a result of any
condemnation. a
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SECTION TWENTY-ONE x
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OPTION TO RENEW
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After the initial term of this agreement expires,the lessor grants to the lessee an option
to renew this lease agreement, under the existing terms on an annual basis. To exercise a
this option to renew, lessee must give lessor written notice of intention to do so at least 90
days before this lease agreement expires.
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Packet Pg.81
Exhibit A
SECTION TWENTY-TWO
WAIVERS
Waiver by lessor of any breach of any covenant or duty of lessee under this lease is
not a waiver of a breach of any other covenant or duty of lessee, or of any subsequent
breach of the same covenant or duty.
SECTION TWENTY-THREE
GOVERNING LAW
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It is agreed that this lease agreement shall be governed by, construed, and enforced in 0
accordance with the laws of the State of California. rn
SECTION TWENTY-FOUR
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ENTIRE AGREEMENT
This lease agreement shall constitute the entire agreement between the parties. Any LL
prior understanding or representation of any kind preceding the date of this lease
agreement shall not be binding upon either party except to the extent incorporated in this
lease agreement.
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SECTION TWENTY-FIVE
MODIFICATION OF AGREEMENT E
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Any modification of this lease agreement or additional obligation assumed by either m
party in connection with this agreement shall be binding only if evidenced in a writing m
signed by each party or an authorized representative of each party.
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SECTION TWENTY-SIX a
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NOTICES x
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A.All notices, demands, or other writings that this lease agreement requires to be E
given, or which may be given, by either patty to the other, shall be deemed to have been
fully given when made in writing and deposited in the United States mail, registered and
postage prepaid,and addressed as follows: a
To lessor: Ali Moghadam
Chase Financial Services
701 North E Street
San Bernardino,CA. 92410
To lessee: Chief of Police
San Bernardino Police Department
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Exhibit A
710 North D Street
San Bernardino, CA. 92401
B. The address to which any notice,demand, or other writing may be given or made or
sent to any party as above provided may be changed by written notice given by such
party as above provided.
SECTION TWENTY-SEVEN
BINDING EFFECT v
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This lease agreement shall bind and inure to the benefit of the respective heirs,
personal representatives, successors,and assigns of the parties. 0
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SECTION TWENTY-EIGHT x
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TIME OF THE ESSENCE
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It is specifically declared and agreed that time is of the essence of this lease
agreement.
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SECTION TWENTY-NINE
PARAGRAPH HEADINGS
The titles to the paragraphs of this lease agreement are solely for the convenience of d
the parties and shall not be used to explain, modify, simplify, or aid in the interpretation m
of the provisions of this lease agreement. v
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Exhibit A
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
CHASE FINANCIAL SERVICES FOR USE OF THE PARKING LOT LOCATED
AT 701 NORTH E STREET,SAN BERNARDINO,CALIFORNIA
In witness, each party to this lease agreement has caused it to be executed at San
Bernardino on the date indicated below.
Dated.2012 VENDOR:
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CHASE FINANCIAL SERVICES
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By:
Ali Moghadam
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Dated.2012 CITY OF SAN BERNARDINO
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Andrea Travis-Miller,City Manager a
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APPROVED TO FORM:
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James F.Penman
City Attorney
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By:
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