HomeMy WebLinkAbout1981-097 i
i
I RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH THE COUNTY OF SAN BERNARDINO RELATING TO
3 CERTAIN REAL PROPERTY CONSISTING OF APPROXIMATELY 22, 500 SQUARE FEE
T 456 NORTH MT. VIEW AVENUE (FIRE STATION NO. 1 ) .
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6 SECTION 1 . The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City a Lease
8 with the County of San Bernardino relating to certain real
9 property consisting of approximately 22, 500 square feet at 456
10 North Mt. View Avenue (Fire Station No. 1) , a copy of which is
11 attached hereto, marked Exhibit "A" and incorporated herein by
{ 12 reference as fully as though set forth at length.
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the City of San
�I,II15 Bernardino at a�-nr�Qca�1'� meeting thereof, held
16 on the �,� day of 1981, by the following
17 vote, to wit:
18 AYES: Councilmen
19 f c
l /
20 NAYS: `
21 ABSENT:
22
23 j City Clerk
24 The foregoing resolution is hereby approved day
25 of -{tJ9c 1981 .
26 M o e ity of San Bernardino
27 Approved as to form:
t
28 City Atorriey
' C4.
I FIRE STA'T'ION LEASE
2 THIS LEASE is made and entered into on this' ' , - day of
3 February, 1981, by and between the COUNTY OF SAN BERNARDINO, a
4 body corporate and politic , hereinafter referred to as "Lessor, "
5 and the CITY OF SAN BERNARDINO, a municipal corporation, herein-
6 after referred to as "Lessee. "
7
8 R E C I T A ,L S
9 1. Lessor is the owner of that certain real property identi-
10 fied as 456 North Mt. View Avenue in the City and County of
11 San Bernardino, State of California, consisting of approximately
12 22 ,500 square feet.
13 2 . The property is currently improved with buildings used
14 by the City as a fire station.
15 3 . Lessee desires to lease the property for the purpose of
16 conducting its governmental functions thereon in the present
17 buildings situated on the property.
18 4 . Lessor desires to lease the property in its present
19 condition with minimal responsibility for its supervision and
20 maintenance.
21
22 For the reasons above-stated and in consideration of the
23 covenants contained herein, the parties agree as follows;
24
25 1. LEASE OF PROPERTY - TEM4
26 Lessor hereby grants the hereinabove described property
27 and Lessee hereby hires and takes said property for a lease term
28 commencing upon execution of this agreement by both parties and
29 expiring on January 1, 1982 , at which time Lessee will surrender
30 the property with all improvements thereon, including any and all
31 improvements constructed by Lessee.
32 Upon receipt of written request therefor from Lessee
33 six months or more prior to expiration of the lease and upon
34 determination by Lessor that the property will not be required
35 at time of expiration, Lessor will grant to Lessee a six-month
36 extension of this lease on the same terms and conditions.
EXHIBIT "
1 2 . RENT AND CONSIDERATION
2 As and for rental and consideration of this lease,
3 Lessor and Lessee agree to exchange certain lots and parcels of
4 real property situated in the City and County of San Bernardino,
5 State of California, for general municipal public purposes under.
6 written agreement of even date herewith.
7 3. PAYME14T OF LIABILITIES CHARGEABLE TO PROPERTY
8 Lessee shall pay or cause to be paid all taxes and
9 assessments levied on the property. If Lessee neglects to
10 meet any such obligations when due, Lessor may, without preju-
11 dice to any rights granted Lessor by this lease or by law, pay
12 such liabilities and recover the amount paid from Lessee.
13 Lessee shall not cause or permit the property or improvements
14 to become subject to any liens or encumbrances without the
15 i prior written approval of Lessor.
16 4. PAYMENT OF UTILITIES
17 Lessee shall pay for all utilities furnished the prem-
18 ises for the term of this lease, including electricity, gas,
19 water, and telephone service.
20 5. MAINTENANCE OF PROPERTY
2I Lessee shall maintain the property in a clean and or-
22 derly condition. It shall not undertake acts or permit condi-
23 tions likely to create public or private nuisances under the
24 laws of the State of California, and it shall comply with all
25 federal, state, and local requirements with respect to the
26 property as if it were the owner thereof. Lessee shall sur-
27 render the property at the termination of this lease with all
28 improvements, including those improvements constructed by
29 Lessee, in good condition, normal wear and tear and Acts of
30 God excepted.
31 6. TERMINATION
32 Failure of Lessee to perform any covenant or condi-
33 tion of this lease may be treated by Lessor as a forfeiture,
34 and Lessor may terminate this lease on any failure of Lessee
35 to perform any of the obligations established herein. On
36
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I any such termination for cause, Lessor may immediately take
2 possession of the property and all improvements .
3 7. INSURANCE COVERAGE
4 Lessee covenants to maintain comprehensive insurance
5 on the improvements in amounts at least equal to the fair mar-
6 ket value thereof for the term of this lease.
7 8 . INDEMNIFICATION OF LESSOR
8 Lessee understands that Lessor has agreed to lease the
9 land and structures to free itself of the supervisorial duties
10 of a landlord of the property. Accordingly, Lessee shall hold
11 Lessor, its elective and appointive boards, commissions, offi-
12 cers, agents, and employees harmless from any liability for
13 I damage or claims for damage for personal injury, including
14 death, as well as from claims for property damage which may
15 ; arise from Lessee' s operations under this lease, whether such
16 j operations are by Lessee or by any one or more persons directly
17 or indirectly employed by or acting as agent for Lessee. Les-
18 see agrees to and shall defend Lessor and its elective and
19 appointive boards , commissions, officers, agents, and employ-
20 ees from any suits or actions at law or in equity for damages
21 caused, or alleged to have been caused, by reason of any of
22 the aforesaid operations.
23 9 . FIXTURES, BUILDINGS, STRUCTURES AND IMPROVEMENTS
24 All fixtures, buildings, structures and improvements
25 installed by Lessee in the demised premises shall become the
26 property of Lessor upon termination of this lease.
27 10 . EFFECT OF LESSOR' S [ZAIVER
28 Lessor' s waiver of breach of one term, covenant, or
29 condition of this lease is not a waiver of breach of others ,
30 nor of subsequent breach of the one waived.
31 11. AMENDMENTS
32 This lease may be amended or modified only by written
33 agreements signed by both parties.
34 12 . WAIVER
35 Failure on the .part of either party to enforce any
36 provision of this lease shall not be construed as a waiver of
Page 3 of 4 pages
I the right to compel enforcement of such provision or provi-
2 sions, nor act to release any surety from its obligations
3 under this lease.
4 13. NOTICES
5 All notices herein required shall be in writing and
6 delivered in person or sent by certified mail, postage pre
-
7 paid, addressed as follows :
8 COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO
9 Property Manager ATTN: Lou Little
E.P.W.A. Public Works Department
10 825 East Third Street 300 North "D" Street
11 San Bernardino, CA 92415 San Bernardino, CA 92418
12 14 . Time is of the essence of this lease.
13
14 ' IN WITNESS Lvr_EREOF, Lessor and Lessee have executed
15 this lease on the date first hereinabove written.
COUNTY OF SAN BERNARDINO
16
17 ATTEST:
18 Chairman, Board of Supervisors
19 Clerk of the Board of
20 Supervisors
21 Approved as to form: .
22 County Counsel
23 Deputy County Counsel
24 CITY OF SAN BERNARDINO
25 ATTEST:
26
27 . . . Mayor
28 City Clerk
29 Approved as to form:'
30 City Attorney
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