HomeMy WebLinkAbout1981-119 i'
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I RESOLUTION NO. �/-
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A SUBLEASE WITH RUDOLPH C. AGUILAR, dba AGUILAR' S SUPER
3 MERCADO RELATING TO THE USE OF CERTAIN PREMISES LOCATED AT 1208
WEST 5TH STREET FOR A UTILITY PAYMENT CENTER.
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
8 Sublease with Rudolph C. Aguilar, dba Aguilar ' s Super Mercado
9 relating to the use of certain premises located at 1208 West 5th
10 Street for a utility payment center, a copy of which is attached
11 hereto, marked Exhibit "I" and incorporated herein by reference as
12 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
15 Bernardino at a� 9� �,� meeting thereof, held
16 on the � ` day of ���r �f: 1981, by the following
17 vote, to wit:
18 AYES: Councilmen
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20 NAYS:
21 ABSENT:
22
23 —�- City Clerk
24 The foregoing resolution is hereby approved s //I day
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25 of l � 19 81 . VW
26 o e ity of Sa ernardino
Approved as to form:
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28 City Attorney
1 S U B L E A S E
2 (Utility Payment Center)
3 THIS SUBLEASE is made this , day of ,
4 1981, by and between RUDOLPH C. AGUILAR, dba AGUILAR' S SUPER
5 MERCADO, referred to as "Lessor" , and the CITY OF SAN BERNARDINO,
6 a municipal corporation, referred to as "Lessee" .
7 The parties agree as follows :
8 1. Recitals .
9 (a) Lessor is the lessee of the new Super Mercado
10 building located at 1208 West 5th Street, San Bernardino,
11 California, under a lease from San Bernardino Local Development
]2 Co.
13 (b) Lessee desires to lease space in said Super Mercado
14 building from Lessor for use as a utility payment center.
15 2. Leased Property. Lessor leases to Lessee approximately
16 150 square feet of space within the building situated on real
17 property generally described as the Super Mercado, located at 12081
18 West 5th Street, San Bernardino, California, and more particularly
19 shown and described in the attached Exhibit "A" .
20 3. Term. The term of this sublease shall be from February
21 1, 1981 through February 1, 1986, unless terminated as provided in
22 Paragraph 10.
23 4. Rental Payment. Lessee shall pay rent of $200 per month
24 in advance.
25 5. Purposes . Lessee ' s Water Department shall use the rented
26 space for normal office and administrative purposes and shall keep
27 the interior areas of said building as occupied by said Lessee in
28 good condition, normal wear and tear excepted.
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1 I 6. Structural Maintenance. Barring catastrophic damage to
2 the building to such an extent as to render it wholly unfit for
3 occupancy, Lessor agrees to repair and maintain the exterior and
4 structural portions, including the roof, in watertight and
5 weatherproof condition, and to repair and be responsible for any
6 interior damage to the building resulting from exterior and
7 structural defects . Lessee agrees to maintain and repair the
8 interior area occupied by Lessee.
9 7. Access to Premises . Lessor shall have access to the
10 leased premises at reasonable times for inspection, or to
11 determine compliance with the sublease.
12 8. Utilities, Services and Parking. Lessor shall provide to
i3 Lessee, without cost, the utilities and building services with the
14 exception of telephone or other communication services .
15 9. Damage to Building. Lessor agrees that should the
16 demised premises be so badly damaged by fire, incidents of war,
17 earthquake, or other violent action of the elements so as to
18 render them wholly unfit for occupancy, then this sublease shall
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19 be terminated immediately upon the happening of any such event,
20 whereupon the Lessee shall surrender the premises . In the event
21 of any lesser damage by any such cause, the premises shall be
22 restored with all reasonable speed by the Lessor, at its expense.
23 10. Termination. Either party may terminate this sublease
24 at any time by giving written notice of termination to the other
25 party at least three months prior to the effective date of the
26 notice.
27 11 . Fixtures . All improvements and fixtures placed on the
28 property by Lessee shall be removed by Lessee within ten days
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I after the termination of this sublease. Lessor may remove and
2 store at Lessee' s expense any fixtures or improvements which are
3 not removed within the ten days .
4 12. Building Rules and Regulations. Lessee agrees to
5 conform to and abide by reasonable building rules and regulations
6 established by Lessor. Lessee shall establish its own hours of
7 operation.
8 13 . Authorization. This sublease has been authorized in
9 writing by the San Bernardino Local Development Company.
10 14. Notices . All notices to be given by either party to the
11 other shall be given in writing, delivered either personally or by
12 first class United States mail, to the addresses of the parties as
13 follows:
14 "Lessor" "Lessee"
15 Rudolph C. Aguilar, dba City Administrator
Aguilar' s Super Mercado 300 North "D" Street
16 1208 West 5th Street San Bernardino, CA 92418
San Bernardino, CA 92401
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IN WITNESS WHEREOF, the parties hereto have executed this
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sublease on the date hereinabove written.
19
RUDOLPH C. AGUILAR, dba
20 AGUILAR'S SUPER MERCADO
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By
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23 CITY OF SAN BERNARDINO
ATTEST:
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25 s� /J/i9%!'i '/ltC� ayor
ity Clerk
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Approved as to form:
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28 City torney
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EXHIBIT "A"