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HomeMy WebLinkAbout21-Parks and Recreation CIIf OF SANBERNARDQO - - REQUQT FOR COUNCIL AC~ON Date: ANNIE F. RAMOS, DIRECTOR PARKS, RECREATION AND COMMUNITY SERVICES MAY 6, 1985 Subject: Resolution authorizing a new Rental Agreement between City and 80ard of Water Commissioners for use of the Cultural Center, 536 W. 11th Street, From: Dept: Synopsis of Previous Council action: Authorized lease and agreement by Resolution 148, dated June 30, 1964. Recommended motion: Adopt Resolution. Contact person: Anni e Ramos Phone: 5030 2 Supporting data attached: YES Ward: FUNDING REQUIREMENTS: Amount: Sou rce: Finance: Council Notes: AnM"'a 1+__ ...1:1 V, o 0 0 .. 0 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Because the Police Department now has a Neighborhood Police Center on the premises, the rental agreement between the City and Board of Water Commissioners must be changed to include such use of the facilities. The City Attorney's office advised that no new agreement between P.D. and Water Board was needed but that the present agreement for use by the Parks, Recreation and Community Services Department could be changed to include use of the pre- mises as a neighborhood police center. Therefore, the Rental Agreement for the Cultural Center has been changed accordingly. It is recommended that the Agreement be approved as written. This Rental Agreement will replace the current lease between the parties. o o o o RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A RENTAL AGREEMENT WITH THE BOARD OF WATER , COMMISSIONERS FOR USE OF THE CULTURAL CENTER LOCATED AT THE NORTHWEST CORNER OF ELEVENTH STREET AND E STREET. 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 authorized and directed to execute on behalf of said City a Rental 7 8 IAgreement with the Board of Water Commissioners for use of the ICultural Center located at the northwest corner of Eleventh Street land E Street, a copy of which is attached hereto, marked Exhibit , I I "An and incorporated herein by reference as fully as though set 9 10 11 12 forth at length. 13 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San 14 15 16 17 18 19 II 20 Ii II 11 21 I: I] , 22 23 24 Bernardino at a meeting thereof, held on day of , 1985, by the following vote, the to wi t: Council Members AYES: NAYS: ABSENT: ---------Ci ty-Clei-:-k"-------- The foregoing resolution is hereby approved this day 25 i! of , 1985. 26 Mayor of the City of San Bernardino 27 Approved as to for~ l/;'? , . /' " I ' ~," ,~ ,. - ~ -~.~---)/-~~' --" ::City. tt~rney/ - (/....., Ii d 28 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2:\ 24 25 26 27 28 o o o RENTAL AGREEMENT (Cultural Center) THIS RENTAL AGREEMENT is entered into this day of , 1985, between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as -Tenant-, and the BOARD OF WATER COMMISSIONERS, referred to as -Landlord-. The parties agree as follows: 1. Recitals. A. Landlord is the owner of certain real property with improvements thereon, said property being located at the northwest, I corner of Eleventh Street and E Street, San Bernardino, California. B. Pursuant to a lease and agreement between the parties, the property has been used by Tenant as a Cultural Center for approximately 20 years. C. Landlord contemplates that the property will not be needed for Municipal Water Department use during the term of this agreement. D. Tenant desires to continue to use the premises for I I municipal public purposes. I E. The parties desire to enter into this Rental I !. Agreement setting forth their res.pective rights and duties with respect to the subject property. 2. Property. Landlord hereby rents to Tenant the premises, consisting of one building approximately 13,024 square feet in ,! Ii size, and parking facilities adjacent thereto, situated upon real II II property located at 536 West Eleventh Street, San Bernardino, I' I ! California. EXHiBIT A o o o o 3. Term. The term of this agreement shall be ten years 2 commencing May 15, 1985. 3 4. Automatic Renewal if No Notice Given. This agreement 4 will renew itself from year to year unless either party notifies 5 the other of termination in writing at least six months before the 6 expiration of any such year. 7 5. Rental. As rental payment for the premises, Tenant 8 agrees to pay Landlord the total sum of ONE DOLLAR ($1.00) during 9 the term hereof payable by Tenant upon execution of this Rental I I 10 !Agreement. II 6. Use of Premises. Tenant shall use the premises for park, 12 recreational, cultural and educational purposes for the residents 13 of the City of San Bernardino. Further, Tenant may use the 14 premises as a Community Police Center. 15 7. Utilities. Tenant agrees to pay, before delinquent, all charges for water, electricity, gas, or other utilities provided 16 17 or furnished or used on the premises during the term of this 18 I ,[ agreement. ! I 8. Maintenance. Tenant agrees, at its own expense, to !maintain the premises in a presentable manner, including the I, Ii rgrounds, landscaping and building Tenant further agrees to make !' all replacements, improvements and repairs necessary to said 19 20 21 22 21 plemises dUling the term hereof, ordinary wear and tear excepted. I, 9. Alterations. Tenant shall not make or suffer to be made, I [,any structural additions or changes in said building, or any part " 24 25 26 I'thereof, without the prior written consent of Landlord. Further, liTenant shall not make or suffer to be made any changes in the park n " , layout as presently in existence without consent of Landlord first: I ii r I Ii , 27 28 -?- 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 , , 24 25 26 27 28 o o o had and obtained. 10. Fixtures. Tenant may, upon termination of this Rental Agreement, remove from said premises any shelving, fixtures, equipment and personal property belonging to Tenant. 11. Subletting. The rights of Tenant shall not be assigned or sublet to any other person, firm or corporation without Landlord's prior written consent. 12. Access of Premises. Landlord shall have access to the premises at any and all reasonable times to inspect and to determine compliance with this agreement. 13. Compliance with Laws. Tenant shall not violate, nor allow the violation of, any law of the city, state or federal government in conducting its operations under this Rental Agreement. 14. Insurance. Tenant shall obtain, at its expense, and keep in full force and effect during the term of this Rental Agreement, insurance coverage protecting the premises from fire and earthquake damage at the current market value, determined by the parties by April 30th of each odd year. 15. Hold Harmless. Tenant shall hold Landlord, its appointive board, officers, agents and employees, harmless from any liability for damage or claims for damage for personal injury, . including death, as well as fron claims for property danage which Ilmay arise from Tenant's operations under this Rental Agreement. II "Tenant's operations" include operations by Tenant or by anyone !Ior more persons directly or indirectly employed by, or acting as !\ Ii agent for Tenant. Tenant agrees to, and shall, defend Landlord 'I !I ;,and its appointive board, officers, agents and employees, from anu 'I " , o o o o suits or actions at law or in equity for damages caused, or 2 alleged to have been caused, by reason of any of Tenant's 3 operations, and shall payor cause to be paid any claim City 4 determines should be paid or judgment against Landlord based on 5 this Rental Agreement. 6 16. Successors, Etc. The covenants and conditions of this 7 agreement shall apply to and bind the successors and legal 8 representatives of the parties hereto and all covenants are to be 9 construed as conditions. 10 17. Surrender of Premises. Tenant agrees to surrender the 11 premises at the end of the term of this Rental Agreement to the 12 Landlord in the same condition as when it took possession, 13 allowing for reasonable use and wear. Tenant agrees to remove all 14 business signs or symbols placed on the premises by it before 15 redelivery, and to restore to the Landlord the portion of the 16 premises on which they were placed in the same condition as before 17 their placement. 18 18. No Waiver by Omission to Enforce. No acquiescence, 19 failure or neglect of either Landlord or Tenant to insist on 20 strict performance of any or all of the terms hereof in one 21 instance shall be considered or constitute a waiver of the right 22 to insist upon strict performance of the terms hereof in any 2~ S~l)S~que!1t instarlce. 24 19. Amendment. This Rental Agreement may be amended or 25 modified only by written agreement signed by both parties. 26 20. Notices. All notices required shall be in writing and 27 delivered in person or sent by certified mail, postage prepaid, 2M addressed as follows: . 0 I 2 3 4 5 6 7 8 9 10 II 12 13 14 IS 16 17 18 19 20 21 22 2:~ 24 25 26 27 28 o o o Landlord Tenant City of San Bernardino c/o Director of Parks, Recreation & Community Ser. 300 North "0" Street San Bernardino, CA 92418 21. Termination of Lease. The lease between the parties Board of Water Commissioners Fifth Floor, City Hall 300 North "0" Street San Bernardino, CA 92418 authorized by Resolution No. 7281, and first amendment thereto authorized by Resolution No. 8680, is hereby terminated by mutual consent upon the execution of this Rental Agreement by the duly authorized representatives of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Rental Agreement on the day and year first above written. "Landlord" BOARD OF WATER COMMISSIONERS ATTEST: By President "Tenant" CITY OF SAN BERNARDINO ATTEST: By Mayor , City Clerk I I Approved as to form: I Ii -I ., / / ---. ''''-.'. :..-__-----L.____ __..:___ .1 City Attorney I I i' 11 Ii Ii Ii ~