HomeMy WebLinkAbout20- Public Works File No.: 15.06-121
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: ROGER G. HARDGRAVE Subject: RESOLUTION AUTHORIZING THE
EXECUTION OF A LEASE RENEWAL --- San
Dept: Public Works/Engineering A 44 ` ernardino Junior All—American Football, at
Date: November 21, 1997
XYG,i� ii"x 1244 West Ninth Street
Synopsis of Previous Council Action:
12/06/82 --- Execution of five year lease with San Bernardino Junior All-American Football,
from 12/01//82 through 11/30/87.
04/04/88 --- Execution of five year lease with San Bernardino Junior All-American Football,
from 12/01/87 through 11/3 0/92.
09/11/92 --- Execution of two year lease with San Bernardino Junior All-American Football,
from 12/01/92 through 11/30/94.
03/30/95 --- Execution of three year First Amendment to lease with San Bernardino All-
American Football, from 12/01/94 through 11/30/97.
NOV 2 6 1997
Recommended Motion:
Adopt the Resolution.
cc : Fred Wilson, City Administrator
Barbara Pachon, Finance Director Signature
Jim Penman, City Attorney
Contact Person: Bernard Castro Phone: 5328
Supporting data attached: Staff Report, Resolution, Map, Lease Ward: 6
FUNDING REQUIREMENTS: Amount: None
Source (Acct. No.) N/A
(Acct. Description) N/A
Finance:
Council Notes:
Res 97- j '
V) 12/15/97 Agenda Item No. ao
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
The building at 1244 West 9" Street, currently leased to San Bernardino Junior All-American Football is
located in Encanto Park, on the North side of Ninth Street, East of Mt. Vernon Avenue.
The 1,800 square foot building being leased was previously used as a library. San Bernardino Junior All-
American Football is utilizing the building for equipment storage and meeting room, and has
continuously leased the building since 1982.
They received a five-year lease extension in 1987 and a two year lease extension in 1992, which expired
November 31, 1994. On March 30, 1995, the City of San Bernardino executed a three year lease
extension with Junior All-American Football for One Hundred Dollars ($100.00) per month from
December 1, 1994 through November 30, 1997.
The building is in need of some repairs, but Junior All-American Football has agreed to lease it in "as is"
condition, with the rent remaining at One Hundred Dollars ($100.00) per month.
We recommend that the lease be renewed for a period of three years.
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1 LEASE AGREEMENT-LEASE NO. 15.06-121
2
3 This Lease is made as of this day of , 199--__, by and between
4 the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as
5 "Lessor", and SAN BERNARDINO JUNIOR ALL-AMERICAN FOOTBALL, hereinafter
6 referred to as "Lessee".
7 Recitals
8
This Lease is made and entered into with respect to the following facts:
9
10 WHEREAS, Lessor is the owner of the property herein described as a portion of Lot 8,
11 Block 19, Rancho San Bernardino, as per Map recorded in Book 7 of Maps, Page 2 records of
12 the County Recorder of San Bernardino County, and the structure commonly known as 1244
13 West Ninth Street; and
14 WHEREAS, said structure is not now needed for municipal use and is not considered
15
for municipal use during the term hereof; and
16
WHEREAS, Lessee desires the use of said structure,
17
18 NOW, THEREFORE, in consideration of the rental hereafter reserved and agreed to
19 be paid to Lessor by Lessee and the mutual promises, obligations, agreements and covenants
20 hereinafter set forth and the faithful performance thereof, the parties hereby mutually agree as
21 follows:
22 1. Property Leased.
23
Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, that certain
24
a
25 property and structure, as is, located East of Mt. Vernon Avenue, on the North side of Ninth
26 Street,commonly known as 1244 West Ninth Street, in the City of San Bernardino, County of
27 E MIT "A!'
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1 San Bernardino, State of California, together with the exclusive use of the parking facilities
2 adjoining said structure. Said property is attached Exhibit "A".
3
4 2. Term.
5 The term of this lease shall be for a period of three (3) years commencing December 1,
6 1997 and ending November 30, 2000.
7 3. Rental Payments.
8
9 Lessee agrees to pay and Lessor agrees to accept as rental for said premises during the
10 term hereof, a monthly rental of One Hundred dollars ($100.00). Said rental payments shall
11 be paid on or before the first Monday of each month and made payable to the Lessor,
12 Attention: Real Property Section, 300 North "D" Street, San Bernardino, CA 92418.
13 4. Use of Premises.
14 The premises are leased to the Lessee for use as an office, a meeting place, and for
15
storage of equipment, materials, and supplies utilized by Lessee. Lessee agrees not to use the
16
17 premises, nor to permit their use or the use of any part of them, for any other purpose. No
18 organized athletic contact shall be allowed on the premises.
19 5. Termination.
20 This Lease shall be terminable at the option of either party upon the service of thirty
21 (30) days advance written notice of such termination to the other party. Upon termination of
22 this Lease, Lessee shall surrender the property occupied by this Lease in as good condition as
23
it was at the time Lessee took possession, subject to the conditions herein set forth.
24
25 6. Improvements.
26 Lessee shall not make, or suffer to be made, any alterations to the leased premises, or
27 any part thereof, without the prior written consent of Lessor. Any and all alterations and/or
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1 improvements made to the demised premises pursuant to this section shall, upon termination
2 of this Lease agreement, remain as a part of the premises and at no cost or obligation to the
3 Lessor.
4
5 7. Maintenance and Operation.
6 Lessee is familiar with the leased premises and has knowledge of the present
7 conditions that exist thereon. Lessee shall, at Lessee's own cost and expense, keep and
8
maintain all improvements thereon in good condition and repair, both as to the exterior and
� 9
10 interior portions thereof. Lessee shall provide or cause to be provided, all security services,
11 custodial services, janitorial services, lawn maintenance services, and weed abatement
12 services that are required for the proper care and use of the premises. Lessee shall use all
13 reasonable precaution to prevent waste, damage or injury to the property. Lessor shall, at
14 any reasonable time, have the right to go upon the property and inspect and examine the same
15 relative to such maintenance and upkeep.
16
8. Utilities.
17
18 Lessee shall pay for all electricity, gas, water, refuse service, telephone service, and all
19 other services and utilities, including service installation fees and charges for such utilities
20 which are not or may hereafter be provided to the leased premises as to any charges or fees
21 accruing during the term of this Lease. If Lessee desires additional utilities and/or utility
22 services to the premises, Lessee must first obtain written consent from Lessor.
23
9. Ownership.
24
25 Lessee acknowledges Lessor's title, paramount interest and ownership of the subject
26 property, and Lessee agrees never to claim, challenge, or contest said title, ownership or
27 interest of Lessor.
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2 10.Taxes/Possessory Interest.
3 Lessee covenants during the term of this Lease to pay, when due, all taxes and
4
assessments that may be assessed or imposed upon the Lessee's possessory interest in and to
5
6 the premises and upon personal property located on the leased premises. During Lessee's
7 possession and use of the leased premises, should any taxes thereon be assessed against
8 Lessor, Lessee agrees to indemnify Lessor thereon.
9 11. Amendment.
10 This agreement may be amended or modified only by written agreement signed by
11 both parties.
12
12. Insurance.
13
14 (a) Fire. Lessee agrees to procure and maintain in force during the term of this
15 agreement and any extension thereof, at its expense, a policy or policies of insurance whereby
16 the CITY OF SAN BERNARDINO will be named as the primary insured against loss or
17 damage to the leased premises, appurtenances and permanent equipment therein, resulting
18 from fire, windstorm and extended perils, in a minimum amount of$100,000.00. Damage
19 from lightning, vandalism malicious mischief and such
perils ordinarily defined, as "extended
20
21 coverage" shall be included in such coverage. The insurance policy shall be issued in the
22 names of Lessor and Lessee. The insurance policy shall provide that any proceeds shall be
23 made payable solely to the Lessor, or, alternatively, to Lessor and Lessee, as their
24 interests may appear.
25 (b) Liability. Lessee agrees to procure and maintain in force during the term of this
26 lease and any extension thereof, at its expense, public liability insurance in companies and
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I through brokers approved by Lessor through its Risk Manager, adequate to protect against
_ 2 liability for damage claims through the Lessee's use of or arising out of the use of the leased
3 premises, in a minimum amount of ONE MILLION DOLLARS ($1,000,000.00)
4
combined single limit. Lessee shall provide to Lessor's Risk Management Division, an
5
6 annual policy of insurance,which includes:
7 1. The City of San Bernardino as an additional named insured;
8 2. The insurance company name,policy number,period of coverage and the amount
9 of insurance;
10 3. That the Real Property Section of the City of San Bernardino must be given notice,
11 in writing, at least thirty (30) days prior to cancellation, material change or refusal to renew
12
policy; and
13
4. Condition that Lessee's insurance will be primary to any coverage that Lessor may
14
15 have in effect.
16 Lessee agrees that, if such insurance policies are not kept in force during the term of
17 this lease, and any extension thereof, Lessor may have the option of one of the following:
18 (a) Procure the necessary insurance,pay the premium therefor, and that such premium
' 19
shall be repaid to Lessor as an additional rent installment for the month following the date on
20
which such premium is paid.
21
22 (b)Immediately declare this Lease in default, and terminate this Lease forthwith.
23 13. Damage by Fire, Earthquake or Calamity.
24 If by earthquake, flood or other similar calamity or act of God, or if by fire, act of war
25 or other similar cause, any existing improvements, or any improvements constructed by
26
Lessee on the leased property are destroyed or damaged to a substantial degree, Lessee shall
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1 repair them when such repairs can be made in conformity with any applicable law, and if,
2 within ninety (90) days after the date when such destruction or damage occurs, Lessee has
3 not commenced repair or reconstruction, the Lessor may terminate this Lease upon forty-
4
five (45) days' written notice to Lessee. If so terminated, then Lessee shall, at its own
5
6 expense, and upon election by Lessor, forthwith remove any or all of the damaged
7 improvements.
8 14. Indemnification.
9 Lessee shall exercise its privileges under this Lease at its own risk. Lessee shall
10 indemnify and hold harmless Lessor, its elective and appointive boards, commissions,
11 officers, agents and employees from liability resulting from, arising out of, or in any way
12
13 connected with, the Lessee's operations under this agreement or Lessee's occupation of
14 the property, including claims resulting from the conduct of Lessee, its employees,
It 15 invitees, guests or agents of Lessee, or Lessee's failure to perform its promises in connection
16 herewith. Lessee shall defend Lessor, its elective and appointive boards, commissions,
17 officers, agents, and employees from any suits or actions at law or in equity for damages
18 caused, or alleged to have been caused, by reason of any of Lessee's operations under this
19
agreement. Lessor shall not be liable to Lessee if Lessee's occupation or use of the property
20
is hindered or disturbed.
21
22 15. Notices.
23 All notices herein required shall be in writing and delivered in person or sent by
24 certified mail, postage prepaid, addressed as follows:
25
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3 LESSOR: LESSEE:
4 CITY OF SAN BERNARDINO SAN BERNARDINO JUNIOR ALL AMERICAN
Real Property Section FOOTBALL
5 300 North "D" Street 1244 West 9th Street
San Bernardino, CA 92418 San Bernardino, CA 92411
6 (714) 384-5111 (714) 889-7717
7
8 16. Condition of Property Upon Surrender.
9 Upon termination of this agreement, Lessee agrees to surrender the said property
l
10 occupied under the Lease herein granted, in as good condition as same was at the time
11 of Lessee's original entry. Lessor may elect to take possession of and appropriate to itself
12
13 without payment any property of Lessee, or anyone claiming under Lessee, which Lessee
14 fails to remove after notice.
15 17. Severability.
16 In the event this agreement, or any portion thereof, should be determined to be
17 void, illegal or improper, for any reason whatever, all other portions of the agreement shall
18 remain fully enforceable to the extent possible after such determinations.
19
18. Default.
20
21 In the event Lessee shall be in default in the payment of rentals, taxes, or other charges
22 hereunder, or shall otherwise breach its covenants or obligations hereunder, and shall be and
23 remain in default for a period of thirty (30) days after written notice from Lessor to it of
24 such default, Lessor shall have the right and privilege of terminating this Lease and
25 declaring the same at an end, and of entering upon and taking possession of said premises,
26 and shall have the remedies now or hereafter provided by law for recovery of rent and/or
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I taxes, repossession of the premises and damages occasioned by such default. If such default
2 should occur,then Lessor shall have the right to take possession of and appropriate to itself
3 without payment therefor, any property of Lessee or anyone claiming under him, then
4
remaining on said premises.
5
6
7
g 19. Effect of Lessor's Waiver.
9 Lessor's waiver of breach of one term, covenant, or condition of this Lease is not a
10 waiver of breach of others, nor of subsequent breach of the one waived. Lessor's acceptance
11 of rent installments after breach is not a waiver of the breach, except of breach of the
12
13 covenant to pay the rent installment or installments accepted.
14
20. Duty to Make Alterations,Additions or Changes Required by Law.
-- 15 If, during the term of this Lease, any law, regulation, or rule requires that an
16 alteration, addition, or other change be made to the leased premises, the parties agree as
17 follows:
18 (a) If the alterations, additions, or changes are required as a result of Lessee's use of
19
the premises, Lessee will make them and bear all expense connected therewith.
20
21 (b) If the alterations, additions, or changes are required as a result of the condition or
22 nature of the premises at the time of execution of this Lease, not caused by use of the
23 premises by Lessee, Lessor will make them and bear all expense connected therewith.
24 21. Inspections.
25 Lessor, its agents, officers, or employees may enter upon the leased premises at such
26 reasonable times during Lessor's normal business hours as it deems necessary for the
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1 purpose of inspection of the premises to determine whether the terms and conditions of this
2 Lease are being performed and kept by Lessee.
3 22.Non-Discrimination.
4
5 The Lessee hereby covenants by and for itself, its heirs, executors, administrators,
6 employees, agents, and assigns, and all persons claiming under or through it, that there shall
7 be no discrimination against or segregation of any person or group of persons, on account of
8 race, color, religion, sex, national origin, ancestry, age, or handicap, in the leasing,
9 subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased,
10 nor shall the Lessor itself, or any person claiming under or through it, establish or permit any
11 such practice or practices of discrimination or segregation with reference to the selection,
12
13 location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, agents,
14 employees, assigns, or vendees in the premises herein leased.
15 23. Assignments: Sole Occupancy.
16 Lessee shall not assign this Lease or sublet the leased premises or any part thereof
17 without obtaining the prior written consent of the Lessor. The parties contemplate that
18 Lessee shall be the sole occupant of these premises, and the rental rate is established
19
based in part thereon. Any change in occupancy constitutes a material breach of this
20
21 agreement.
22 24. Eminent Domain.
23 If the whole of the leased premises, or so much thereof as to render the remainder
24 unusable for the purposes for which the same was leased, shall be taken under the power of
25 eminent domain, then this Lease shall terminate as of the date possession shall be so taken.
26 If less than the whole of the leased premises shall be taken under the power of eminent
27
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9
I domain, and the remainder is usable for the leased purposes, then this Lease shall continue in
2 full force and effect and shall not be terminated by virtue of such taking and the parties
3 may waive the benefit of any law to the contrary, in which event the parties shall determine
4
5 if a partial abatement of the rent hereunder is justified. Any award made in eminent domain
6 proceedings for the taking or damaging of the leased premises in whole or in part shall be
7 paid to the Lessor (together with any other money which shall be or may be made available
8 for such purposes).
9 25. Lease_Breached by Lessee's Receivership, Assignment for Benefit of Creditors
10 Insolvency, or BankruptcV.
11 Appointment of a receiver to take possession of Lessee's assets, Lessee's general
12 assignment for benefit of creditors, or Lessee's insolvency or taking or suffering action under
13 the Bankruptcy Act is a breach of this Lease and shall terminate same.
14 26. Lease Applicable to Successors, Etc.
15
16 This Lease and the terms, covenants and conditions hereof apply to, and are binding
17 on the heirs, successors, executors, administrators and assigns of the parties hereto.
18 27. Entire Agreement/Lease.
19 This document represents the entire, total, and complete agreement and no other
20 written and/or oral agreements exist in this regard.
21
22
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1 IN WITNESS WHEREOF,the parties hereto have executed this agreement on the date
first above written.
2
3 LESSOR: CITY OF SAN BERNARDINO
4
5
DATED:
6 TOM MINOR, Mayor
7
8
ATTEST:
9
10 DATED:
11 RACHEL CLARK, City Clerk
12
13 LESSEE: SAN BERNARDINO JUNIOR ALL AMERICAN
14 FOOTBALL
15
DATED: By:
16
Title:
17
18 By:
19 Title:
20
21
22 Approved as to form
and legal content:
23
JAMES F. PENMAN,
24 City Attorney
25 By.
26
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