HomeMy WebLinkAbout1980-218 1 RESOLUTION NO. 7�1 -,;?/?
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
ITHE EXECUTION OF A LEASE WITH THE COUNTY OF SAN BERNARDINO RELATING
3 I, TO THE USE OF CERTAIN PREMISES COMMONLY KNOWN AS THE "CARPENTER
; SHOP" LOCATED NORTHEAST OF SIERRA WAY FOR THE STORAGE OF MATERIALS '
4 AND EQUIPMENT UTILIZED IN THE ENERGY CONSERVATION/WEATHERIZATION
�' PROGRAM.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 �, OF SAN BERNARDINO AS FOLLOWS :
7 C' SECTION 1. The Mayor of the City of San Bernardino is
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8 hereby authorized and directed to execute on behalf of said City
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9 a lease with the County of San Bernardino relating to the use of
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10 icertain premises commonly known as the "Carpenter Shop" located
11 northeast of Sierra Way for the storage of materials and equipment ,
12 l, utilized in the Energy Conservation/Weatherization Program, a copy ,
13 j' of which is attached hereto, marked Exhibit "I" and incorporated
14 herein by reference as fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
6 adopted by the Mayor and Common Council of the City of San
7 Bernardino at a � meeting thereof, held
on the 7 day of 1980, by the following
vote, to wit. 1
AYES: Councilmen
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22 NAYS:
23 j ABSENT:
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City Clerk
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The foregoing resolution is hereby .approved this dayj
of 1980.
U Mayor of the City of-San Bernardino
Ap p ro ed as to form:
City At orney
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HUMAN RESOURCES AGENCY C1 County of San Bernardino
.N7-f
DERNARDIN �,.. ...
Community Services Department "��, _ M
686 East Mill Street
w San Bernardino,CA 92408
Phone: (714) 383-3523
July 31 , 1980
Shauna Clark, City Clerk
City of San Bernardino
Post Office Box 1318
San Bernardino, CA 92402
Dear Ms. Clark:
Please accept my apologies for the delay in executing the
lease on the "Carpenter Shop" (see attached copy) .
The Energy Program is currently negotiating with the City
for a more suitable and permanent site. In the belief
that negotiations would soon be completed, I have not
begun- the necessary procedures required to execute the
lease.
However, with securing of a new site still uncertain, I
will proceed with the processing of the lease on the "Carp-
enter Shop" .
Again, my apologies for any inconvenience the delay may
have caused. If you have any questions on this matter,
please contact me at 383-3202
Sincerely,
David K. McElroy
Energy Program Manager
cc : Lois Carson s
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L E A S E_
2 (Northeast of Sierra Way)
3 jj THIS LEASE is made and entered into this day of
4 I , 1980 , by and between the CITY OF SAN BERNARDINO,
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5 Al i a municipal corporation, referred to as "Lessor" , and the COUNTY
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6 111OF SAN BERNARDINO, a body corporate and politic , a subdivision of
7 ! the State of California, referred to as "Lessee
8 ii The parties agree as follows :
9 1. Recitals .
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10 (a) Lessor is in lawful possession of certain premises
11 and a building situated thereon generally located northeast of
12 IlSierra Way, approximately 75 feet from the north end of Seccombe
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13 Lake in the City of San Bernardino , commonly known as the
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14 I, "Carpenter Shop" .
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15 11 (b) Lessor intends to have the building demolished as
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16Ipart of the Seccombe Lake expansion, at an unspecified time.
17 i (c) Lessee , through its Community Services Department
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' of the Human Resources Agency, is in need of a facility for storage
,g ,of materials and equipment.
20 (d) Lessor and Lessee desire to enter into a lease
21 ' relating to the use of the premises .
22 2. Property Leased. Lessor hereby leases and lets to
23 ;:Lessee, and the Lessee hereby accepts and leases from the Lessor,
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24 a structure generally located northeast of Sierra Way, approximate
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25 Ily 75 feet from the north end of Seccombe Lake , commonly known as
26 the "Carpenter Shop" , in the City of San Bernardino , County
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27 Hof San—Bernardino, State of California, delineated in Exhibit
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23 "A" , attached hereto , and by this reference made a part hereof.
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1 3. Term. The term of this lease shall be six (6) months
2 Ilfrom the date of execution of this lease. Holding over by Lessee
3 jlafter termination of this lease shall be treated as a tenancy
4 from month to month.
5 I 4 . Rent. The total rent of this lease is the sum of one
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6 Idollar ($1. 00) , payable upon execution of this lease.
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7 �� S . Use of Premises . Lessee shall use said premises for
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g storage of materials and equipment utilized in the Energy Con-
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9 " servation/Weatherization Program of the Community Services
10 ( Department of the County of San Bernardino. I
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11 �, 6. Maintenance . Lessee agrees, at its own expense, to j
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12 ! maintain and keep in good repair and condition the interior of i
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13 Isaid building during the term of this lease, normal wear and tear
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14 jexcepted. Further, Lessee agrees to maintain the exterior of the
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15 !; building in a presentable manner, including normal maintenance of
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16 ', the parkway and grounds . Lessor shall not be obligated to make
17 many repairs to the leased premises.
A 7 . Utilities . Lessee shall provide and pay for all
19 ; utilities , heat and air conditioning, trash and refuse disposal,
20 ;' water, gas , electricity, telephone service , etc .
21 8 . Alterations . Lessee shall not make, or suffer to be
22 made, any alterations of said building, or any part thereof ,
23 piwithout the prior written consent of Lessor.
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' 9 . Fixtures . Lessee may, upon termination of this lease ,
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25 11remove from said premises all shelving, trade fixtures , equipment
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26 land personal property belonging to said Lessee.
?7 10. Inspections . Lessee shall permit Lessor and its agents
23 ! to enter into and upon said building at all reasonable times for
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I ,purposes of inspecting the same .
2 ! 11. Liens . Lessee agrees to keep the premises free and
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3 clear of any liens that might arise from the making of any re- j
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pairs or other maintenance , and to hold harmless Lessor therefrom.
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5 12 . Destruction of Premises . If the building is partially
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6 for totally destroyed so that it is no longer fit for the use
7 IIdesignated in this lease through no fault of Lessee, then in such
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g lievent Lessor shall have the sole option to either reconstruct or
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9 11repair the building within ninety (90) days , or such greater
10 time as mutually agreed b the o i
y g y parties hereto, or to consider
11 this lease terminated forthwith.
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12 13 . Assignment. Lessee shall not assign this lease , or
13 any interest therein, or sublet the leased premises , or any part
14 Ithereof, or any right or privilege appurtenant to it, or allow
15 !!any person other than Lessee and its agents and employees to
16 loccupy or use the premises or any part of them, without first
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17 ;obtaining Lessor' s written consent thereto.
13 14 . Sanitary Condition of Premises . Lessee shall keep and
19 !maintain the exterior and interior of said building, and the
20 ; surrounding area thereof , in a clean and sanitary condition at
21 all times during the term of this lease .
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22 jj 15 . Liability Insurance . Lessee agrees to procure and
23 !maintain in force during the term of this lease and any extension
24 ' thereof, at its expense, public liability insurance in companies
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25 !; and through brokers approved by Lessor, adequate to protect
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25 !; against liability for damage claims through public use of or
17 arising out of accidents occurring in or around the leased
23 !; premises in a minimum amount of at least $500 , 000 combined single
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I limit. Lessee shall provide to Lessor a certificate of insurance
2 and an additional insured endorsement which provides :
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3 i (a) The City of San Bernardino as an additional
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4 iinsured.
5 (b) The insurance company name, policy number, period
6 Ijof coverage and the amount of insurance. �
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7 li (c) That the City Clerk of the City of San Bernardino
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8 I, must be given notice in writing at least 30 days prior to can-
9 ( cellation, material change or refusal to renew the policy.
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10 i (d) That Lessee ' s insurance will be primary to any
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11 Icoverage the City of San Bernardino may have in effect. i
12 16. Fire Insurance . Lessee at its cost shall maintain on
13 lithe building and other improvements in which the premises are
14 :ilocated a policy of standard fire and extended coverage insurance, ;
i5 ,,' to the extent of at least $500 , 000 .
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16 The insurance policy shall be issued in the names of
17 ;;Lessor and Lessee. The insurance policy shall provide that any
18 �:proceeds shall be made Payable to Lessor.
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19 17. Hold Harmless . Lessee hereby agrees to , and shall,
20 ; hold Lessor, its elective and appointive boards , commissions ,
21 :officers , agents and employees harmless from any liability for
22 'damage or claims for damage for personal injury, including death,
23 1as well as from claims for property damage which may arise from
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24 1ILessee ' s operations under this agreement, whether such operations
25 I'be by Lessee or by any one or more persons directly or indirectly
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2u ;:'employed by or acting as agent for Lessee. Lessee agrees to and
27 '! shall defend Lessor and its elective and appointive boards ,
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23 commissions , officers, agents and employees from any suits or
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1 Ilactions at law or in equity for damages caused, or alleged to
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2 have been caused, by reason of any of Lessee ' s operations here-
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3 under.
4 18 . No Implied Waiver . Nothing contained in this lease
5 ! shall be construed as waiving any of Lessor ' s rights under the
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6 lI1aws of the State of California.
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7 19. Termination . A thirty day written notice of termina-
8 ition of this lease by either party may be given to the other
9 I part
ii y, and this lease shall terminate thirty days thereafter.
10 20 . Amendment. This lease may be amended or modified only
11 by written agreement signed by both parties and failure on the
12 part of either party to enforce any provision of this lease shall
13 not be construed as a waiver of the right to compel enforcement
14 of such provision or provisions , nor act to release any surety
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15 ; from its obligations under this lease .
16 21. Notices. All notices herein required shall be in
17 !! writing and delivered in person or sent by certified mail,
13 !', postage prepaid, addressed as follows :
19 "Lessor" "Lessee"
20 City of San Bernardino Countv of San Bernardino
300 North "D" Street Community Services Department
21 San Bernardino, CA 92418 686 East Mill Street
San Bernardino , CA 92408
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22 . Covenants . There are no covenants or warranties other
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2 than those expressed herein.
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3 i IN WITNESS WHEREOF, the parties hereto have executed this
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4 I� lease on the day and year first hereinabove written.
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CITY OF SAN BERNARDINO
6 ii ATTEST:
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7 n BY
City Clerk
May or
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COUNTY OF SAN BERNARDINO
9 ! ATTEST:
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10 By I
11 jClerk of the Board
airperson, Board of Supervisors
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12 IjApproved as to form:
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14 City to ney
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