HomeMy WebLinkAbout24- Parks, Recreation & Community Services CITY OF SAN BERN.` 'RDINO - REQUEST R COUNCIL ACTION
From: Annie F. Ramos, Director Subject: RESOLUTION AUTHORIZING A SUBLEASE WITH
SAN BERNARDINO ART ASSOCIATION RELATING
Dept: Parks, Recreation & Community Services TO USE OF STURGES AUDITORIUM AND RE-
PEALING RESOLUTION 93-112.
Date: August 6, 1993
Synopsis of Previous Council action:
Adopted Resolution 93-112 on April 19, 1993.
Recommended motion:
Adopt the Resolution.
Signature
Contact person: John A. Kramer Phone: 5031
Supporting data attached: Staff Report & Sublease Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
Acct. Description)
Finance:
Council Notes:
75-0262 Agenda Item No
CITY OF SAN BERN[ IDINO - REQUEST F R COUNCIL ACTION
STAFF REPORT
RESOLUTION AUTHORIZING A SUBLEASE
WITH SAN BERNARDINO ART ASSOCIATION
RELATING TO USE OF STURGES AUDITORIUM
AND REPEALING RESOLUTION 93-112 .
The San Bernardino Art Association has occupied space at
Sturges Auditorium since it opened in 1987 . This organization
was a partner in the renovations of Sturges and has paid a
rent of $150. 00 per month. This sublease formalizes their use
of Sturges and increases the monthly rent to $200. 00 which the
organization indicates is acceptable. Term of the sublease is
five years.
Resolution 93-112 is proposed for repeal. This resolution
authorized the same agreement but included insurance
requirements that were beyond the means of the Art
Association. The Association is covered under the city's
blanket policies making additional insurance unnecessary.
art.assoc.
8/6/93
75-0264
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A
SUBLEASE AGREEMENT WITH THE SAN BERNARDINO ART ASSOCIATION AND
3 REPEALING RESOLUTION NO. 93-112.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
5
6 SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute that certain Sublease
8 relating to Sturges Auditorium with the San Bernardino Art
9 Association in a form as shown in Exhibit "A" attached hereto and
10 incorporated herein.
11 SECTION 2. The authorization to execute the above-
12 referenced Agreement is rescinded if the parties to the Agreement
13 fail to execute it within sixty ( 60) days of the passage of this
14 Resolution.
15 SECTION 3. Resolution No. 93-112 is hereby repealed.
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DAB/bg [Sturges.Res] 1
August 4, 1993
1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A
SUBLEASE AGREEMENT WITH THE SAN BERNARDINO ART ASSOCIATION AND
2 REPEALING RESOLUTION NO. 93-112.
3 I HEREBY CERTIFY that the foregoing Resolution was duly
4 adopted by the Mayor and Common Council of the City of
5 San Bernardino at a meeting thereof, held on the
6 day of 1993, by the following vote, to-wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
8 NEGRETE
9 CURLIN
10 HERNANDEZ
11 OBERHELMAN
12 OFFICE VACANT
13 POPE-LUDLAM
14 MILLER
15
16 City Clerk
17 The foregoing Resolution is hereby approved this day
18 of 1993.
19
20 Tom Minor, Mayor
21 City of San Bernardino
22 Approved as to form
23 and legal content:
24 JAMES F. PENMAN,
City Attorney
25
26 By:
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DAB/bg (Sturges.Res] 2 August 4. 1993
I
1
S U B L E A S E
2
(STURGES AUDITORIUM)
3
4 THIS SUBLEASE is made and entered into this
5
day of , 1993 , by and between the CITY OF
6 SAN BERNARDINO, a municipal corporation, hereinafter
7 called "Sublessor" , and San Bernardino Art Association,
8
a California nonprofit corporation, hereinafter called
9
"Sublessee" .
10 NOW, THEREFORE, in consideration of the rental
11
hereafter reserved and agreed to be paid to Sublessor by
12 Sublessee and the mutual promises, obligations, and
13
convenants hereinafter set forth and the faithful
14
performance thereof, the parties mutually agree as
15
follows:
16
1. Property Leased. Sublessor hereby subleases a
17
portion of that certain structure commonly known as the
18 Sturges Auditorium located at 780 North "E" Street and
19
specifically identified on Exhibit A.
20
2 . Use. The demised premises shall be used
21
exclusively by Sublessee for the purpose of conducting
22 the business of San Bernardino Art Association. Said
23 business is also outlined in the constitution and by-laws
24 of Sublessee's organization. Sublessee shall not commit,
25
or allow to be committed, any waste or nuisance on the
26
demised premises, nor shall it use or allow the premises
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1 to be used for any unlawful purpose. Use of the leased
2 premises is limited to the normal business hours of
3 Sturges Auditorium as determined by the Director of
4 Parks,Recreation and Community Services. Additionally,
5 the city will allow occasional use of meeting rooms at
6 Sturges Auditorium by Sublessee during normal business
7 hours without charge. Any use of meeting rooms outside
8 of normal business hours will be at rental rates
9 established by resolution.
10 3 . Term. The term of this Sublease shall be for a
11 period of five years, beginning May 1, 1993 and ending
12 April 30, 1998, inclusive.
13 4 . Rental Payments. Sublessee agrees to pay and
14 Sublessor agrees to accept as rental for the demised
15 premises, during the term hereof, monthly rental of TWO-
16 HUNDRED DOLLARS ($200. 00) ; which includes all utilities,
17 water, sewer, trash collection, and preventive maintenace
18 provided to said premises. The rental payment shall be
19 paid on or before the fifteenth day of each month,
20 and made payable to the CITY OF SAN BERNARDINO through
21 the Finance Department, at the address hereinafter set
22 forth.
23 5. Taxes. Sublessee covenants during the term of
24 this Sublease to pay, when due, all taxes and assessments
25 that may be assessed or imposed upon Sublessee's
26 possessory interest in and to the premises and upon
27 personal property located on the demised premise. During
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I Sublessee's possession and use of the demised premises,
2 should any taxes thereon be assessed against Sublessor,
3 Sublessee agrees to indemnify Sublessor thereon.
4 6. Termination. Unless otherwise provided, this
5 Sublease shall be terminable at the option of either
6 party upon the service of thirty day's written notice of
7 such termination to the other party. Upon revocation,
8 surrender, or other temination of this Sublease,
9 Subleasee shall quietly and peacefully surrender the
10 demised premises in as good condition as same was at the
11 time of Sublessee's entry thereof, subject to the
12 conditions herein stated.
13 7 . Renewal Option. Unless this Sublease is sooner
14 terminated as provided herein, Sublessee shall have the
15 right of option to renew this Sublease at the end of the
16 term hereof. In the event Sublessee shall desire to
I
17 avail itself of the renewal option, it shall notify
18 Sublessor in writing of its intention to do so at
19 least ninety days prior to such option date, and the
20 term, conditions, and covenants of said option shall be
21 renegotiated.
22 8. Maintenance and Oneration. Sublessee is
23 familiar with the demised premises and has knowledge of
24 the present conditions that exist thereon. Sublessor
25 shall provide or cause to be provided all maintenance,
26 custodial service, and janitorial service which is
27 required for proper care and use of the premises.
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1 (a) Licenses. Sublessee shall post in a
2 prominent place and manner in the demised premises all
3 business licenses,certificates, a copy of this Sublease,
4 and all permits that are required to do Sublessee's
5 business in the City of San Bernardino.
6 (b) Equipment. No equipment provided by
7 Sublessor shall be removed or replaced by Sublessee
8 without the prior written consent of Sublessor through
9 the Director of Parks, Recreation and Community Service
10 Department; and if such consent is secured, such removal
11 and/or replacement shall be at the expense of the
12 Sublessee, and the replacement item shall remain the
13 property of Sublessor. Use of any equipment of Sublessor
14 shall be subject to a use permit between the parties.
15 (c) Vendors. Sublessee shall not permit
16 vendors to display wares, materials, or advertisements
17 inside or outside the demised premises unless prior
18 written permission is secured from Sublessor through the
19 Director of Parks, Recreation and Community Services and
20 such written permission is posted in a prominent place
21 and manner in the premises.
22 (d) Sublessor through the manager of
23 Facilities Management shall provide preventive maintenace
24 to the structure,and maintain the roof of the demised
25 premises in good condition and repair.
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9 . Improvements. Sublessee shall not make, or
2
suffer to be made, any alterations to the demised
3
premises, or any part thereof, without the prior written
4
consent of Sublessor. Any and all alterations and/or
5
improvements made to the demised premises pursuant to
6
this section shall, upon termination of this Sublease,
7
remain as a part of the premises and at no cost or
8
obligation to Sublessor. If, during the term of this
9
Sublease any law, regulation, or rule requires that an
10
alteration, addition, or other change be made to the
11 demised premises, the parties agree as follows:
12 (a) If the alterations, additions, or changes
13
are required as a result of Sublessor use of the
14
premises, Sublessor shall make them and bear all expense
15 connected therewith.
16 (b) If the alterations, additions, or changes
17
are required as a result of Sublessee's use of the
18
premises, Sublessee shall make them and bear all expense
19
connected therewith.
20
10. Default. In the event Sublessee shall be in
21
default in the payment of rentals or other charges
22
hereunder or shall otherwise breach its covenants or
23
obligations hereunder, and shall be and remain in default
24
for a period of thirty days after notice from Sublessor
25
to it of such default, Sublessor shall have the right and
26
27 privilege of terminating this Sublease and declaring the
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same at an end, and shall have the remedies now or
2 hereafter provided by law for recovery of rent,
3 repossession of the premises and damages occasioned by
4 such default. If such default should occur, then
5 Sublessor shall have the right to take possession of
6 and appropriate to itself without a
p yment therefor, any
7 property of Sublessee or anyone claiming under it, then
8 remaining on said premises.
9
10 11. Hold Harmless. Sublessee hereby agrees to, and
11 shall, hold Sublessor, its elective and appointive
12 boards, commissions, officers, agents and employees,
13 harmless from any liability for damage or claims for
14 damage for personal injury, including death, as well as
15 from claims for property damage which may arise from
16 Sublessee's operations under this Sublease, whether such
17 operations be by Sublessee or by any one or more persons
18 directly or indirectly employed by or acting as agent for
19 Sublessee. Sublessee agrees to and shall defend
20 Sublessor and its elective and appointive boards,
21 commissions, officers and employees from any suits or
22 actions at law or in equity for damages caused, or
23 alleged to have been caused, by reason of any of the
24 aforesaid operations.
25 12 . Inspections. Sublessor, its agents, officers,
26 or employees may enter upon the demised premises at such
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1 reasonable times during Sublessor's normal business hours
2 as it deems necessary for the purpose of inspection of
3 the premises to determine whether the terms and
4 conditions of this Sublease are being performed and kept
5 by Sublessee.
6 13 . Validity. If any one or more of the terms,
7 provisions, promises, covenants, or conditions of this
8 Sublease shall to any extent be adjudged invalid,
9 unenforceable, void, or voidable for any reason
10 whatsoever by a court of competent jurisdiction, each
11 and all of the remaining terms, provisions, promises,
12 covenants, and conditions of this Sublease shall not be
13 affected thereby and shall be valid and enforceable to
14 the fullest extent permitted by law.
15 14 . Sublease Applicable to Successors,Etc. This
16 Sublease and the terms, covenants, and conditions hereof
17 apply to and are binding on the heirs, successors,
18 executors, administrators, and assigns of the parties
19 hereto.
20 15. Sublease Breached by Sublessee's Receivership
21 Assignment for Benefit of Creditors, Insolvency or
22 Bankruptcy. Appointment of a receiver to take possession
23 of Sublessee's assets, Sublessee's general assignment for
24 benefit of creditors, or Sublesse's insolvency or taking
25 or suffering action under the Bankruptcy Act is a breach
26 of this Sublease and shall terminate same.
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1 16. Eminent Domain. If the whole of the Subleased
2 premises, or so much thereof as to render the remainder
3 unusable for the purposes for which the same was
4 subleased, shall be taken under the power of Eminent
5 Domain then this Sublease shall teminate as of the
6 date possession shall be so taken. If less than the
7 whole of the subleased premises shall be taken under the
8 power of eminent domain, and the remainder is usable for
9 the subleased purposes, then this Sublease shall continue
10 in full force and effect and shall not be terminated by
11 virtue of such taking and the parties may waive the
12 benefit of any law to the contrary. Any award made
13 in eminent domain proceedings for the taking or damaging
14 of the subleased premises in whole or in part shall be
15 paid to Sublessor (together with any other money which
16 shall be or may be made available for such purpose) .
17 17 . Effect of Sublessor's Waiver. Sublessor's
18 waiver of breach of one term, covenant, or condition of
19 this Sublease is not a waiver of breach of others, nor of
20 subsequent breach of the one waived. Sublessor's
21 acceptance of rent installments after breach is not a
22 waiver of the breach, except of breach of the covenant to
23 pay the rent installment or installments accepted.
24 18 . Amendment. This Sublease may be amended or
25 modified only by written agreement signed by both parties
26 hereto.
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19. Non-Discrimination. Sublessee hereby covenants
2
y and for itself, its heirs, executors, administrators,
3
and assigns, and all persons under or through it, and
4
his Sublease is made and accepted upon and subject to
5
he following conditions:
6 That there shall be no discrimination against or
7
segregation of any person or group of persons, on account
8
f race, color,creed, national origin, age, sex, handicap
9
r ancestry, in the leasing, subleasing, transferring,
10
se, occupancy, tenure, or enjoyment of the premises
11 erein leased nor shall Sublessee itself, or any person
12 laiming under or through it, establish or permit any
13
such practice or practices of discrimination or
14
egregation with reference to the selection, location,
15
umber, use, or occupancy, of tenants, lessees,
16
sublessees, subtenants, or vendees in the premises herein
17 eased.
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20. Assignment. Sublessee shall not assign this
19
ublease or sublet the said demised premises or any part
20 hereof without obtaining the prior written consent of
21
Sublessor.
22
21. Notices. All notices herein required shall be
23
n writing and delivered in person or sent by certified
24
ail, postage, prepaid, addressed as follows:
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1 SUBLESSOR SUBLESSEE
2 City of San Bernardino San Bernardino Art
3 Attn: Real Property Section Association
4 300 North "D" Street 780 North "E" Street
5 San Bernardino, Ca 92418 San Bernardino, Ca
6 92410
7 22 . Time of Essence. Time is of the essence
8
herein.
9
10 IN WITNESS WHEREOF, the parties hereto have caused
11 this Sublease to be executed the day and year first above
12 written.
13 SUBLESSOR
14 CITY OF SAN BERNARDINO
ATTEST:
15
16 By
Tom Minor, Mayor
17
18
Rachel Clark, City Clerk
19
SUBLESSEE
20 San Bernardino Art
21 Association
22
By
23
Approved as to form and
24 legal content:
25 James F. Penman
City A torney
26
By: 41-,
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