HomeMy WebLinkAbout1982-3371
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RESOLUTION NO.
T
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A SUBLEASE WITH MEADOWBROOK AMATEUR BOXING ACADEMY
ORGANIZATION FOR USE OF MEADOWBROOK RECREATION CENTER FOR THE
PURPOSE OF CONDUCTING A BOXING PROGRAM.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of said City a
Sublease with Meadowbrook Amateur Boxing Academy Organization for
use of Meadowbrook Recreation Center for the purpose of
conducting a boxing program, a copy of which is attached hereto,
marked Exhibit "A" and incorporated herein by reference as fully
as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a regular meeting thereof, held
on the 2nd _ day of Auqust 4�, 1982, by the following
vote, to wit:
AYES: Council Members Castaneda, Reilly, Hernandez,
Ouiel, Hobbs, Strickler
NAYS: None
ABSENT: None
City Clerk
The foregoing resolution is hereby approve is, day
dayof August 1982. ��►�i1� �
Appr d as to form:
ity Attorney
City OT San Bernardino
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(Meadowbrook Recreation Center)
THIS SUBLEASE is made and entered into this day of
, 1982, by and between the CITY OF SAN BERNARDINO,I
a municipal corporation, hereinafter called "Sublessor", and
MEADOWBROOK AMATEUR BOXING ACADEMY ORGANIZATION, a nonprofit
organization, hereinafter called "Sublessee".
NOW, THEREFORE, in consideration of the rental hereafter
reserved and agreed to be paid to Sublessor by Sublessee and the
mutual promises, obligations, and covenants hereinafter set forth
and the faithful performance thereof, the parties mutually agree
as follows:
1. Property Leased. Sublessor hereby subleases that certain)
structure commonly known as the Meadowbrook Recreation Center
building located upon a portion of real property more particularly
described as follows:
The north 400 feet of lot 1, Block 8 of the Five
Acre Survey of the Rancho San Bernardino, as per plat
thereof recorded in Book 7 of Maps, page 2, records of
the County Recorder, San. Bernardino County, State of
California.
2. Use. The demised premises shall be used exclusively by
Sublessee for the purpose of conducting a boxing program. Said
boxing program is also outlined in the constitution and by-laws of
Sublessee's organization. Sublessee shall not commit, or allow to
be committed, any waste or nuisance on the demised premises, nor
shall it use or allow the premises to be used for any unlawful
purpose.
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3. Term. The term of this Sublease shall be for a period
of one year, beginning August 1, 1982 and ending July 31, 1983,
inclusive.
4. Rental Payments. Sublessee agrees to pay and Sublessor
agrees to accept as rental for the demised premises, during the
term hereof, a monthly rental of ONE HUNDRED TWENTY-FIVE DOLLARS
($125.00); which includes all utilities, water, sewer, trash
collection, and preventive maintenance provided to said premises.
The rental payments shall be paid on or before the first Monday of
each month of the term hereof, and made payable to the CITY OF SAN
BERNARDINO through the Finance Department, at the address
hereinafter set forth throughout the term of this Sublease.
5. Taxes. Sublessee covenants during the term of this
Sublease to pay, when due, all taxes and assessments that may be
assessed or imposed upon Sublessee's possessory interest in and to
the premises and upon personal property located on the demised
premises. During Sublessee's possession and use of the demised
premises, should any taxes thereon be assessed against Sublessor,
Sublessee agrees to indemnify Sublessor thereon.
6. Insurance. Sublessee agrees to procure and maintain in
force during the term of this Sublease and any extension thereof,
at its expense, a policy or policies of insurance whereby the CITY
OF SAN BERNARDINO will be named as "additional insured" against
loss or damage to the demised premises, and appurtenances and
permanent equipment, resulting in fire, in a minimum amount of
$10,000.00, and from lightning, vandalism, malicious mischief, and
such perils ordinarily defined as "extended coverage" and other
rils in a minimum amount of $10,000.00. Losses under the fire
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and extended coverage policies shall be payable to the CITY OF SAN
BERNARDINO and MEADOWBROOK AMATEUR BOXING ACADEMY ORGANIZATION, as
their interests may appear. Sublessee agrees to procure and
maintain in force during the term of this Sublease and any
extension thereof, at its expense, public liability insurance in
which the CITY OF SAN BERNARDINO shall be named as "additional
insured" in companies having a rating by Best's Insurance Guide
of 'A' (General Policyholder) and 'AA' (Financial) ratings or
better, adequate to protect against liability for damage claims
through public use of or arising out of accidents occurring in or
around the demised premises, in a minimum amount of $500,000.00.
Such insurance policies shall provide coverage for Sublessor's
contingent liability on such claims or losses. The policies of
insurance or the certificates of insurance shall be delivered to
Sublessor at the address listed in the "Notice" section of this
Sublease. Sublessee agrees that, if such insurance policies are
not kept in force during the term of this Sublease and any
extension thereof, Sublessor may have the option of one of the
following:
(a) Procure the necessary insurance, pay the premium
therefor, and that such premium shall be repaid to Sublessor as an
additional rent installment for the month following the date on
which such premium is paid.
(b) Immediately declare this Sublease in default, and
terminate same.
7. Termination. Unless otherwise provided, this Sublease
shall be terminable at the option of either party upon the service
Df thirty day's written notice of such termination to the other
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party. Upon revocation, surrender, or other termination of this
Sublease, Sublessee shall quietly and peacefully surrender the
demised premises in as good condition as same was at the time of
Sublessee's entry thereof, subject to the conditions herein
stated.
8. Renewal Option. Unless this Sublease is sooner
terminated as provided herein, Sublessee shall have the right of
option to renew this Sublease at the end of the term hereof. In
the event Sublessee shall desire to avail itself of the renewal
option, it shall notify Sublessor in writing of its intention to
do so at least ninety days prior to such option date, and the
term, conditions, and covenants of said option shall be
renegotiated.
9. Maintenance and Operation. Sublessee is familiar with
the demised premises and has knowledge of the present conditions
that exist thereon. Sublessee shall provide or cause to be
provided all security service, custodial service, and janitorial
service which is required for proper care and use of the premises.
(a) Licenses. Sublessee shall post in a prominent place
and manner in the demised premises all business licenses,
certificates, a copy of this Sublease, and all permits that are
required to do Sublessee's business in the City of San Bernardino.
(b) Equipment. No equipment provided by Sublessor shall
be removed or replaced by Sublessee without the prior written
consent of Sublessor through the Director of Park and Recreation;
and if such consent is secured, such removal and/or replacement
shall be at the expense of the Sublessee, and the replacement item
shall remain the property of Sublessor. Use of any equipment of
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Sublessor shall be subject to a use permit between the parties.
(c) Vendors. Sublessee shall not permit vendors to
display wares, materials, or advertisements inside or outside the
demised premises unless prior written permission is secured from
Sublessor through the Director of Park and Recreation and such
written permission is posted in a prominent place and manner in
the premises.
(d) Sublessor through the Director of Public Buildings
shall provide preventive maintenance to the structure, and
maintain the roof of the demised premises in good condition and
repair.
10. Improvements. Sublessee shall not make, or suffer to be
made, any alterations to the demised premises, or any part
thereof, without the prior written consent of Sublessor. Any and
all alterations and/or improvements made to the demised premises
pursuant to this section shall, upon termination of this Sublease,
remain as a part of the premises and at no cost or obligation to
Sublessor. If, during the term of this Sublease any law,
(regulation, or rule requires that an alteration, addition, or
other change be made to the demised premises, the parties agree as
follows:
(a) If the alterations, additions, or changes are
required as a result of Sublessee's use of the premises,
Sublessee shall make them and bear all expense connected
therewith.
(b) If the alterations, additions, or changes are
'required as a result of the condition or nature of the premises at
ithe time of execution of this Sublease, not caused by use of the
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premises by Sublessee, and relate to a portion of the premises
which Sublessor has agreed to maintain and repair, Sublessor will
make them and bear all expense connected therewith.
11. Default. In the event Sublessee shall be in default in
the payment of rentals or other charges hereunder or shall
otherwise breach its covenants or obligations hereunder, and shall
be and remain in default for a period of thirty days after notice
from Sublessor to it of such default, Sublessor shall have the
right and privilege of terminating this Sublease and declaring the,
same at an end, and of entering upon and taking possession of said
premises, and shall have the remedies now or hereafter provided by
law for recovery of rent, repossession of the premises and damages)
occasioned by such default. If such default should occur, then
Sublessor shall have the right to take possession of and
appropriate to itself without payment therefor, any property of
Sublessee or anyone claiming under it, then remaining on said
premises.
12. Hold Harmless. Sublessee hereby agrees to, and shall,
ld Sublessor, its elective and appointive boards, commissions,
officers, agents and employees, harmless from any liability for
damage or claims for damage for personal injury, including death,
as well as from claims for property damage which may arise from
Sublessee's operations under this Sublease, whether such
operations be by Sublessee or by any one or more persons directly
or indirectly employed by or acting as agent for Sublessee.
Sublessee agrees to and shall defend Sublessor and its elective
and appointive boards, commissions, officers and employees from
any suits or actions at law or in equity for damages caused, or
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alleged to have been caused, by reason of any of the aforesaid
operations.
13. Inspections. Sublessor, its agents, officers, or
employees may enter upon the demised premises at such reasonable
times during Sublessor's normal business hours as it deems
necessary for the purpose of inspection of the premises to
determine whether the terms and conditions of this Sublease are
being performed and kept by Sublessee.
14. Validity. If any one or more of the terms, provisions,
promises, covenants, or conditions of this Sublease shall to any
extent be adjudged invalid, unenforceable, void, or voidable for
any reason whatsoever by a court of competent jurisdiction, each
and all of the remaining terms, provisions, promises, covenants,
and conditions of this Sublease shall not be affected thereby and
shall be valid and enforceable to the fullest extent permitted by
law.
15. Sublease Applicable to Successors, Etc. This Sublease
and the terms, covenants, and conditions hereof apply to and are
binding on the heirs, successors, executors, administrators, and
assigns of the parties hereto.
16. Sublease Breached by Sublessee's Receivership,
Assignment for Benefit of Creditors, Insolvency, or Bankruptcy.
Appointment of a receiver to take possession of Sublessee's
assets, Sublessee's general assignment for benefit of creditors,
or Sublessee's insolvency or taking or suffering action under the
Bankruptcy Act is a breach of this Sublease and shall terminate
same.
17. Eminent Domain. If the whole of the Subleased premises,
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or so much thereof as to render the remainder unusable for the
purposes for which the same was subleased, shall be taken under
the power of eminent domain, then this Sublease shall terminate as
of the date possession shall be so taken. If less than the whole
of the subleased premises shall be taken under the power of
eminent domain, and the remainder is usable for the subleased
purposes, then this Sublease shall continue in full force and
effect and shall not be terminated by virtue of such taking and
the parties may waive the benefit of any law to the contrary, in
which event there shall be a partial abatement of the rent
hereunder in an amount equivalent to the prorated use of the
remaining premises. Any award made in eminent domain proceedings
for the taking or damaging of the subleased premises in whole or
in part shall be paid to Sublessor (together with any other money
which shall be or may be made available for such purpose).
18. Effect of Sublessor's Waiver. Sublessor's waiver of
breach of one term, covenant, or condition of this Sublease is not
a waiver of breach of others, nor of subsequent breach of the one
waived. Sublessor's acceptance of rent installments after breach
is not a waiver of the breach, except of breach of the covenant to
pay the rent installment or installments accepted.
19. Amendment. This Sublease may be amended or modified
only by written agreement signed by both parties hereto.
20. Non -Discrimination. Sublessee hereby covenants by and
for itself, its heirs, executors, administrators, and assigns, and
all persons under or through it, and this Sublease is made and
accepted upon and subject to the following conditions:
That there shall be no discrimination against or segregation
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of any person or group of persons, on account of race, color,
creed, national origin, or ancestry, in the leasing, subleasing,
transferring, use, occupancy, tenure, or enjoyment of the premisesli
herein leased nor shall Sublessee itself, or any person claiming
under or through it, establish or permit any such practice or
practices of discrimination or segregation with reference to the
selection, location, number, use, or occupancy, of tenants,
lessees, sublessees, subtenants, or vendees in the premises herein
leased.
21. Assignment. Sublessee shall not assign this Sublease or
sublet the said demised premises or any part thereof without
obtaining the prior written consent of Sublessor.
22. Notices. All notices herein required shall be in
writing and delivered in person or sent by certified mail, postage
prepaid, addressed as follows:
SUBLESSOR SUBLESSEE
City of San Bernardino Meadowbrook Amateur Boxing
Attn: Real Property Section Academy Organization
300 North "D" Street Attn: Joe Ybarra, Chairman
San Bernardino, CA 92418 242 East King Street
San Bernardino, CA 92410
23. Time of Essence. Time is of the essence herein.
IN WITNESS WHEREOF, the parties hereto have caused this
Sublease to be executed the day and year first above written.
SUBLESSOR
ATTEST:
City Clerk
CITY OF SAN BERNARDINO
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Mayor
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:;ty
4At
as to form:
rnJy
SUBLESSEE
MEADOWBROOK AMATEUR BOXING
ACADEMY ORGANIZATION
By
Joe Ybarra, Chairman
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