HomeMy WebLinkAbout1980-013 F
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1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
, EXECUTION OF A RENTAL AGREEMENT WITH THE LOW-RIDERS ASSOCIATION
3 OF THE INLAND EMPIRE RELATING TO THE USE OF THE FORMER OMNITRANS '
: FACILITY LOCATED AT 181 SOUTH "G" STREET.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 � OF SAN BERNARDINO AS FOLLOWS :
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SECTION 1. The Mayor of the City of San Bernardino is
7 jhereby authorized and directed to execute on behalf of said City
8 a Rental Agreement with the Low-Riders Association of the Inland
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9 ( Empire relating to the use of the former Omnitrans ' facility I
10 ( located at 181 South "G" Street, a copy of which is attached j
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Thereto, marked Exhibit "A" and incorporated herein by reference
i2 as fully as though set forth at length.
;3 I HEREBY CERTIFY that the foregoing resolution was duly
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14 adopted by the Mayor and Common Council of the City of San
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15 Bernardino at a meeting thereof , held
��,� mee �
1980 , by the following
15 I on the o f 1
17 vote, to wit:
18 AYES: Councilmen
19 �Cu �
r
20 NAYS : /" >
21 ABSENT:
22
23 City erk
24 The foregoing resolution is hereby ap ve is day
'S to f .,_�� �► 1980 .
26 t� Ia f i.ty o San Bernar ino
L7 IApprov as to form:
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City A orney
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RENTAL AGREEMENT
2 (Former omnitrans ' Facility)
3 THIS RENTAL AGREEMENT is entered into this ! _da. Y of
49? , 1980 , between the CITY OF SAN BERNARDINO, a
$ municipal corporation, referred to as "Landlord" , and the LOW-
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6 ; RIDERS ASSOCIATION OF THE INLAND EMPIRE, referred to as "Tenant" .
7 The parties agree as follows :
8 1. Recitals.
9 (a) Landlord is the owner of certain real property
t® which has situated thereon an office building and garage facility,
11 isaid property being located at 181 South "G" Street, San Bernardin ,
12 California.
13 (b) The property is presently vacant and not now f
14 needed for municipal use.
15 (c) Tenant desires to use said premises for automobile
16 repair, and for the counseling and training of young people i
:7 interested in auto- mechanics.
18 (d) The parties desire to enter into this Rental
19 Agreement setting forth their respective rights and duties with
20 respect to the property, which is the subject of this agreement.
21 2. Property. Landlord hereby rents to Tenant the premises
22 consisting of an office building and fenced parking facility,
23 situated upon real property located at 181 South ';,G" Street,
24 San Bernardino, California.
25 3. Term. The term of this agreement shall be on a
26 month-to-month basis, commencing January 15 , 1980 , provided,
27 ( however, Landlord agrees not to sell, lease, rent or otherwise �
28 dispose of the property for a period of six months from the
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I effective date of this Rental Agreement.
2 j 4 . Rental. As Rental payment for the premises, Tenant
3 agrees to maintain public facilities graffitti-free in those
4 areas designated by Landlord.
5 . Use of Premises . Tenant shall use the premises for
6 ! automobile repair, and the counseling and training of young
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7 ' people interested in auto-mechanics.
g 6. Utilities. Tenant agrees to pay, before delinquent,
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9 all charges for water, electricity, gas , or other utilities pro-
to ivided or furnished or used on the premises during the term of
this agreement and the period of time that Tenant is in possession
i2 of the premises.
7 . Maintenance. Tenant agrees, at its own expense, to
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14 maintain the premises in a presentable manner , including normal
15 maintenance of the grounds and structures as is required for the
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16 occupancy by Tenant for the uses and purposes herein authorized.
17 8 . Alterations. Tenant shall not make , or suffer to be {
tg made, any alterations of said buildings , or any part thereof ,
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19 without the prior written consent of City.
20 9. Fixtures. Tenant may, upon termination of this Rental
21 Agreement, remove from said premises all shelving, trade fixtures,
22 equipment and personal property belonging to said Tenant.
23 10 . Termination. This Rental Agreement may be terminated,
24 with or without cause, by either of the parties hereto by the
25 giving of thirty (30) days ' advance written notice of the termina-
26 tion date.
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27 11. Taxes. Tenant covenants during the term of this
28 Rental Agreement to pay, when due, all taxes and assessments that
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I i may be assessed or imposed upon the Tenant' s possessory interest
2 i in and to the premises and on personal property that is located
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3 on the demised premises. Tenant shall hold Landlord free and
4 harmless from any and all liability for such taxes.
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12 . Non-Exclusive Use. Tenant understands that Landlord i
6 has the right to allow other uses of the premises compatible
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7 with Tenant' s use.
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g 13 . Subletting. The rights of Tenant shall not be
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4 assigned or sublet to any other person, firm or corporation.
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10 j 14. Compliance with Laws. Tenant shall not violate , nor
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11 Tallow the violation of, any law of the city, state or federal
12 government or rules of City in conducting its operations under
13 this Rental Agreement. i
14 15 . Improvements. Tenant shall not make any improvements
15 to the premises without the prior written consent of City.
16 16 . Access to Premises . City shall have access to the
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17 premises at any and all reasonable times to inspect and to deter-
18 mine compliance with this agreement.
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19 17 . Liens. Tenant agrees to keep the premises free and
20 clear of all mechanic ' s liens that might arise out of making
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21 repairs or improvements on said premises .
22 18 . No Implied Waiver. Nothing contained in this Rental
23 Agreement shall be construed as waiving any of City' s rights
24 under the laws of the State of California.
25 19 . No Inflammable Substance. Licensee shall not keep or
26 have on the premises any articles or things of a dangerous, in-
27 flammable or explosive character that might increase the danger
28 of fire, or that might be considered "hazardous" or "extra-
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hazardous" by any responsible insurance company.
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2 20. Expiration of Agreement. Upon the termination of
3 ithis Rental Agreement, Tenant shall quit and surrender the
4 premises in as good state and condition as existed at the commence
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5 ment of the occupancy by Tenant, reasonable use and wear and
5 ' damages by the elements excepted.
7 21. Default by Tenant. Should Tenant default in any of
8 fits obligations under this agreement, this agreement, and the
9 irelation of Landlord and Tenant, at the option of Landlord, shall
10 ( terminate immediately and Landlord may re-enter the premises
I � land remove all persons and property.
12 22 . Notices . All notices required shall be in writing
13 and delivered in person or sent by certified mail , postage pre-
I4 ipaid, addressed as follows:
15 Landlord Tenant
16 City Administrator
City Hall
17 300 North "D" Street
San Bernardino, CA 92418
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19 23 . Successors , Etc. The covenants and conditions of this
20 agreement shall apply to and bind the successors and legal repre-
21 sentatives of the parties hereto and all covenants are to be
22 construed as conditions.
23 24 . Amendment, This Rental Agreement may be amended or
24 modified only by written agreement signed by both parties and
25 Ifailure on the part of either party to enforce any provision of
26 this Rental Agreement shall not be construed as a waiver of the
27 Iright to compel enforcement of such provision or provisions, nor
Zg ' act to release an surety from its obligations under this
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I Rental Agreement.
2 25 . Hold Harmless. Tenant shall hold Landlord, its �I
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3 elective and appointive boards , commissions , officers , agents and
4 employees, harmless from any liability for damage or claims for I
5 % damage for personal injury, including death, as well as from
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6 claims for property damage which may arise from Tenant' s opera-
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7 tions under this Rental Agreement. "Tenant' s operations" include �I
g operations by Tenant or by any one or more persons directly or
9 indirectly employed by, or acting as agent for Tenant. Tenant
10 agrees to, and shall , defend Landlord and its elective and
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11 iappointive boards, commissions , officers , agents and employees,
12 from any suits or actions at law or in equity for damages caused,
13 or alleged to have been caused, by reason of any of Tenant' s
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14 operations.
15 26 . Animals. Tenant shall keep no animals , domestic or
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16 otherwise, on or upon the premises without the prior written
17 consent of Landlord. i
18 27. Repairs . Tenant shall keep the fixtures in the build
19 ings or on or about the premises in good order and repair; keep
20 the faucets in repair; keep the premises clean; keep any electri-
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21 cal valves in order; keep the walks free from dirt and debris;
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22 and, at their own expense , shall make all required repairs to the
23 plumbing, heating apparatus and electrical and gas fixtures when-
24 ever damage thereto shall have resulted from said Tenant' s misuse, )
25 waste or negligence . Tenant also agrees that no signs shall be i
26 placed or painting done on or about the premises without the priori
27 written consent of Landlord.
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28 . Entire Agreement. This agreement represents the
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2 entire agreement between the parties.
3 IN WITNESS WHEREOF, the parties have executed this agree-
4 iment on the day and year first above written.
5 CITY OF SAN BER R .
( ATTEST:
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7 Mayo
City Clerk
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LOW-RIDERS ASSOCIATION OF THE
INLAND EMPIRE j
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By
12 Title C .t c LiL
13 Approved as to form:
14 00,
15 City torney
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