HomeMy WebLinkAbout1981-098 i
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH THE COUNTY OF SAN BERNARDINO RELATING TO
CERTAIN REAL PROPERTY CONSISTING OF APPROXIMATELY 67, 500 SQUARE FEET
AT 401 NORTH ARROWHEAD AVENUE (PUBLIC LIBRARY) .
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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
g with the County of San Bernardino relating to certain real propert
9 consisting of approximately 67, 500 square feet at 401 North
10 Arrowhead Avenue (Public Library) , a copy of which is attached
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11 hereto, marked Exhibit "A" and incorporated herein by reference as
12 fully as though set forth at length.
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I 13 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
15 Bernardino at a,,& i / meeting thereof, held
16 on the ,gJ day of 1981, by the following
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17 vote, to wit:
18 AYES: Councilmen 7`
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j 19 —
20 NAYS:
23 ABSENT:
22
23 City Clerk
24 The foregoing resolution is hereby approved th' day
t
25 of 1981.
ej
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{ 26 0 e ty of San ernardino
Approved as to form:
27 All ID
28 City Attorney
67�/ &-,
1 CITY L'IBRARY 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 401 North Arrowhead Avenue in the City and County of
11 San Bernardino, State of California, consisting of approximately
12 67 ,500 square feet.
13 2 . The property is currently improved with buildings used
14 ( by the City as a public library.
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 - TER1M
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, 1984, at which time Lessee will surrender
30 the property with all improvements thereon, including any and all
31 improvements constructed by Lessee.
32 2 . RENT AND CONSIDERATION
33 As and for rental and consideration of this lease,
34 Lessor and Lessee agree to exchange certain lots and parcels of
35 real property situated in the City and County of San Bernardino,
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EXHIBIT 'All
I State of California, for general municipal public purposes under
2 written agreement of even date herewith.
3 3. PAYMENT OF LIABILITIES CHARGEABLE TO PROPERTY
4 Lessee shall pay or cause to be paid all taxes and
5 assessments levied on the property. If Lessee neglects to
6 meet any such obligations when due, Lessor may, without preju-
7 dice to any rights granted Lessor by this lease or by lava, pay
8 such liabilities and recover the amount paid from Lessee.
9 Lessee shall not cause or permit the property or improvements
10 to become subject to any liens or encumbrances without the
11 prior written approval of Lessor.
12 4. PAYMENT OF UTILITIES
13 Lessee shall pay for all utilities furnished the prem-
14 j ises for the term of this lease, including electricity, gas ,
15 i water, and telephone service.
16 5. 1JAINTENANCE OF PROPERTY
17 Lessee shall maintain the property in a clean and or-
{ 18 derly condition. It shall not undertake acts or permit condi-
19 tions likely to create public or private nuisances under the
20 laws of the State of California, and it shall comply with all
21 federal, state, and local requirements with respect. to the
22 property as if it were the owner thereof. Lessee shall sur-
23 render the property at the termination of this lease with all
24 improvements, including those improvements constructed by
25 Lessee, in good condition, normal wear and tear and Acts of
26 God excepted
27 6. TERMINATION
28 Failure of Lessee to perform any covenant or condi-
29 tion of this lease may be treated by Lessor as a forfeiture,
30 and Lessor may terminate this lease on any failure of Lessee
31 to perform any of the obligations established herein. On
32 any such termination for cause, Lessor may immediately take
33 possession of the property and all improvements.
34 7 . INSURANCE COVERAGE
35 Lessee covenants to maintain comprehensive insurance
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I on the improvements in amounts at least equal to the fair mar-
2 ket value thereof for the term of this lease.
3 8. INDEMNIFICATION OF LESSOR
4 Lessee understands that Lessor has agreed to lease the
5 land and structures to free itself of the supervisorial duties
6 of a landlord of the property. Accordingly, Lessee shall hold
7 Lessor, its elective and appointive boards, commissions, offi-
8 cers, agents, and employees harmless from any liability for
9 damage or claims for damage for personal injury, including
10 death, as well as from claims for property damage which may
11 arise from Lessee' s operations under this lease, whether such .
12 1 operations are by Lessee or by any one or more persons directly
13 �' or indirectly employed by or acting as agent for Lessee. Les-
14 see agrees to and shall defend Lessor and its elective and
15 appointive boards, commissions, officers, agents, and employ-
16 ees from any suits or actions at law or in equity for damages
17 I caused, or alleged to have been caused, by reason of any of
> 18 the aforesaid operations.
19 9 . FIXTURES, BUILDINGS, STRUCTURES -AND IMPROVEMENTS
20 All fixtures, buildings, structures and improvements
21 installed by Lessee in the demised premises shall become the
22 property of Lessor upon termination of this lease.
23 10 . EFFECT OF LESSOR'S WAIVER
24 Lessor' s waiver of breach of one term, covenant, or
25 condition of this lease is not a waiver of breach of others,
26 nor of subsequent breach of the one waived.
27 11. AMENDMENTS
28 This lease may be amended or modified only by written
29 agreements signed by both parties.
30 12. WAIVER
31 Failure on the part of either party to enforce any
32 provision of this lease shall not be construed as a waiver of
33 the right to compel enforcement of such provision or provi-
34 sions , nor act to release any surety from its obligations
35 under this lease.
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1 13 . NOTICES
2 All notices herein required shall be in writing and
3 delivered in person or sent by certified mail, postage pre-
4 paid, addressed as follows:
5 COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO
6 Property Manager ATTN: Lou. Little
E.P.w.A. Public Works Department
7 825 °East Third Street 300 North "D" Street
8 San Bernardino, CA 92415 San Bernardino, CA 92418
9 14 . Time is of the essence of this lease.
10
11 IN WITNESS VHT-i.EREOF, Lessor and Lessee have executed
12 this lease on the date first hereinabove written.
COUNTY OF SAN BERNARDINO
13
14 ATTEST:
15 Chairman, Board of Supervisors
16 Clerk of t he Board of
17 Supervisors
18 Approved as to fore:
19 County Counsel
20 Deputy County Counsel
21 CITY OF SAN BERNARDINO
22 ATTEST:
23
24 Mayor
25 City Clerk
26 Approved as to form:
27 City Attorney
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