HomeMy WebLinkAbout21-Parks and Recreation
CIIf OF SANBERNARDQO
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- 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
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Supporting data attached:
YES
Ward:
FUNDING REQUIREMENTS:
Amount:
Sou rce:
Finance:
Council Notes:
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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.
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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.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of said City a Rental
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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
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I "An and incorporated herein by reference as fully as though set
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forth at length.
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
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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.
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Mayor of the City of San Bernardino
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Approved as to for~
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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,
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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
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I municipal public purposes.
I E. The parties desire to enter into this Rental
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!. 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
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Ii size, and parking facilities adjacent thereto, situated upon real
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II property located at 536 West Eleventh Street, San Bernardino,
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! California.
EXHiBIT A
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3. Term. The term of this agreement shall be ten years
2 commencing May 15, 1985.
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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.
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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
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10 !Agreement.
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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.
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7. Utilities. Tenant agrees to pay, before delinquent, all
charges for water, electricity, gas, or other utilities provided
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or furnished or used on the premises during the term of this
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,[ agreement.
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I 8. Maintenance. Tenant agrees, at its own expense, to
!maintain the premises in a presentable manner, including the
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rgrounds, landscaping and building Tenant further agrees to make
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all replacements, improvements and repairs necessary to said
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plemises dUling the term hereof, ordinary wear and tear excepted.
I, 9. Alterations. Tenant shall not make or suffer to be made,
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[,any structural additions or changes in said building, or any part
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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
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, layout as presently in existence without consent of Landlord first:
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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
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Ii agent for Tenant. Tenant agrees to, and shall, defend Landlord
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;,and its appointive board, officers, agents and employees, from anu
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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.
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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.
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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.
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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.
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19. Amendment. This Rental Agreement may be amended or
25 modified only by written agreement signed by both parties.
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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:
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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
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I Approved as to form:
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.1 City Attorney
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